Regulation 5.09 — Offences by witnesses

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).