Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 95T

             (1)  A person commits an offence if:

                     (a)  the person is given a summons to appear as a witness at an inquiry; and

                     (b)  the person fails to attend as required by the summons or fails to appear and report himself or herself from day to day; and

                     (c)  the person has not been excused, or released from further attendance, by:

                              (i)  in an inquiry by the Commission--a member of the Commission; or

                             (ii)  in an external inquiry--the person presiding at the inquiry.

Penalty:  10 penalty units.

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

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).