166Contempt of commission

166 Contempt of commission (1) A person is in contempt of the commission if the person— (a) has been served with a preliminary inquiry notice and refuses or fails to produce a document or other thing as required by the preliminary inquiry notice; or (b) has been served with an examination summons and— (i) fails to attend the examination as required by the (ii) when appearing as a witness at the examination— (A) refuses or fails to take an oath when required; or (B) refuses or fails to answer a question relevant to the subject matter of the examination; or

Examinations—contempt Division 3.6.3 (C) refuses or fails to produce a document or other thing as required by the examination summons; or (c) gives evidence at an examination that the person knows is false or misleading in a material particular; or (d) obstructs or hinders the commissioner in the performance of the commissioner’s functions at an examination; or (e) disrupts an examination; or (f) threatens a person present at an examination. (2) However, subsection (1) does not apply if the person has a reasonable excuse. Note 1 The defendant has an evidential burden in relation to the matters Note 2 An act or omission that is contempt of the commission may also be an offence (see s 173). However, a person cannot be punished more than once for the same act or omission (see s 170).