57Failure to attend hearing, give information or produce documents etc.

57  Failure to attend hearing, give information or produce documents etc.

Failure to attend hearing and refusal to take oath or make affirmation

 (a) the person is served with a notice under section 31 to attend a hearing; and

 (b) either:

 (i) the person fails to attend the hearing; or

 (ii) the person refuses to be sworn or to make an affirmation at the hearing.

Refusal to answer question and failure to produce a document or thing at a hearing

 (a) the person is served with a notice under section 31 to attend a hearing; and

 (b) either:

 (i) the person refuses to answer a question at the hearing that the Commissioner requires the person to answer; or

 (ii) the person fails to give evidence or produce a document or thing specified in the notice.

Failure to give information, or produce a document or thing

 (3) A person commits an offence if:

 (a) the person is served with a notice under section 33 to give information or a statement, or produce a document or thing, specified in the notice; and

 (b) the person fails to comply with the notice.

Reasonable excuse

 (4) Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

 (5) Subject to subsection 60(1), something is a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to:

 (a) attend a hearing; or

 (b) be sworn or make an oath or affirmation; or

 (c) answer a question;

if the thing would excuse an act or omission of a similar nature by a person summoned as a witness before a court of law.

 (6) Subject to subsection 60(1), something is a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to:

 (a) give information or a statement; or

 (b) produce a document or thing;

if the thing would excuse an act or omission of a similar nature by a person served with a subpoena in connection with a proceeding before a court of law.

Defence of relevance

 (7) Subsections (2) and (3) do not apply if the question, information, statement, document or thing is not relevant to the matters into which the Commissioner was inquiring.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

Subsections (1), (2) and (3) not affected by State or Territory law or the general law