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Copyright Act 1968
172Offences by witnesses
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172 Offences by witnesses
Failing to appear
(a) the person has been summoned to appear as a witness before the Tribunal; and
(b) there has been tendered to the person an amount of money at least equal to the expenses the person could reasonably be expected to incur in connection with appearing as a witness; and
(c) the person fails to appear in obedience to the summons.
Failing to produce document or article summoned
(a) the person has been summoned to produce a document or article to the Tribunal; and
(b) there has been tendered to the person an amount of money at least equal to the expenses the person could reasonably be expected to incur in connection with producing the document or article; and
(c) the person fails to produce the document or article.
Refusal to swear or affirm
(a) the person appears before the Tribunal; and
(b) the person refuses to be sworn or to make an affirmation.
Refusal to answer questions or produce documents as required
(a) the person appears before the Tribunal; and
(b) the Tribunal requires the person to answer a question or produce a document or article; and
(c) the person refuses to answer the question or produce the document or article.
General defence of reasonable excuse
(5) Subsection (1), (2), (3) or (4) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).