219Failure of witnesses to attend and answer questions

#### 219 Failure of witnesses to attend and answer questions (1) A person served, as prescribed, with a summons to appear as a witness at a hearing shall not, without reasonable excuse: (a) fail to attend as required by the summons; or (b) fail to attend from day to day unless excused, or released from further attendance, by the Chairperson. (2) A person appearing as a witness at a hearing shall not, without reasonable excuse: (a) when required pursuant to subsection 217(2) to either take an oath or make an affirmation—refuse or fail to comply with the requirement; (b) refuse or fail to answer a question that he or she is required to answer by the Chairperson; or (c) refuse or fail to produce a document that he or she was required to produce by a summons under subsection 217(1) served on him or her as prescribed. (3) A person shall not, at a hearing, give evidence that is false or misleading. (4) A person shall not contravene subsection (1), (2) or (3). Penalty: 10 penalty units or imprisonment for 3 months. (5) A person who contravenes subsection (3) is not guilty of an offence against subsection (4) if it is proved that he or she, when giving the evidence, believed on reasonable grounds that it was true and not misleading. (6) Where the Disciplinary Board is satisfied that: (a) a person served, as prescribed, with a summons to appear as a witness at a hearing has, without reasonable excuse, failed to attend as required by paragraph (1)(a) or (b); or (b) a person appearing as a witness at a hearing has, without reasonable excuse: (i) when required pursuant to subsection 217(2) either to take an oath or make an affirmation; (ii) when required by the Chairperson to answer a question; or (iii) when required to produce a document by a summons under subsection 217(1) served on him or her as prescribed; refused or failed to comply with the requirement; the Chairperson may, by instrument in writing, certify the failure to attend or the refusal or failure to comply with the requirement, as the case may be, to the Court. (7) Where a certificate is given under subsection (6), the Court may inquire into the case and, if it is satisfied that the person to whom the certificate relates has, without reasonable excuse, failed to attend or refused or failed to comply with a requirement as mentioned in the certificate: (a) may order the person to attend or to comply with the requirement at a hearing to be held at a time and place specified in the order; or (b) may punish the person in the same manner as if he or she had been guilty of contempt of the Court and, if it thinks fit, also make an order under paragraph (a).