677Offences in relation to attending before the FWC

677 Offences in relation to attending before the FWC

Required to attend

(1) A person commits an offence if:

(a) the person has been required to attend before the FWC; and

(b) the person fails to attend as required.

Penalty: Imprisonment for 6 months.

Oath or affirmation

(2) A person commits an offence if:

(a) the person attends before the FWC; and

(b) the FWC requires the person to take an oath or make an affirmation; and

(c) the person refuses or fails to be sworn or to make an affirmation as required.

Penalty: Imprisonment for 6 months.

Questions or documents

(3) A person commits an offence if:

(a) the person attends before the FWC; and

(b) the FWC requires the person to answer a question or produce a document; and

(c) the person refuses or fails to answer the question or produce the document.

Penalty: Imprisonment for 6 months.

Reasonable excuse

(4) Subsection (1), (2) or (3) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

(5) A reference in this section to the FWC or an FWC Member includes a delegate of the FWC.