52Failure of witness to produce document or other thing

#### 52 Failure of witness to produce document or other thing Failure to produce when appearing at a hearing of a Commission (1) A person commits an offence if: (a) the person is required to produce a document or other thing at a hearing of a Commission under a notice given under paragraph 25(1)(a) or (b); and (b) the person appears at the hearing; and (c) the person fails to produce the document or thing as required. Penalty: Imprisonment for 6 months. Failure to produce as required by paragraph 25(1)(c) notice (2) A person given a notice under paragraph 25(1)(c) must not refuse or fail to produce a document or other thing that the person is required by the notice to produce. Penalty: Imprisonment for 6 months. Exception to subsections (1) and (2) (3) Subsection (1) or (2) does not apply if: (a) the person has a reasonable excuse; or (b) the document or other thing was not relevant to the matter the Commission was investigating. > Note 1: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). > Note 2: For self‑incrimination, see section 54.