# Offences by witnesses

> reg-5.09 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

5.09 Offences by witnesses
          (1) A person summoned to attend before a Commissioner as a witness must not:
               (a) fail to attend, after payment or tender to the person of a reasonable sum for
                   expenses of attendance; or
               (b) refuse to be sworn or to make an affirmation as a witness; or
               (c) refuse to answer any question when required to do so by the
                   Commissioner; or
               (d) refuse or fail to produce a book or document which the person was required
                   by the summons to produce.
               Penalty: 10 penalty units.
          (2) Paragraphs (1)(a) and (d) do not apply if the person has a reasonable excuse.
               Note:    A defendant bears an evidential burden in relation to the matter in subregulation (2)
                        (see subsection 13.3(3) of the Criminal Code).








          (3) Strict liability applies to paragraph (1)(a).