Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 677

Required to attend

  (1)   A person commits an offence if:

  (a)   the person has been required to attend before the FWC; and

  (b)   the person fails to attend as required.

Penalty:   Imprisonment for 6 months.

Oath or affirmation

  (2)   A person commits an offence if:

  (a)   the person attends before the FWC; and

  (b)   the FWC requires the person to take an oath or make an affirmation; and

  (c)   the person refuses or fails to be sworn or to make an affirmation as required.

Penalty:   Imprisonment for 6 months.

Questions or documents

  (3)   A person commits an offence if:

  (a)   the person attends before the FWC; and

  (b)   the FWC requires the person to answer a question or produce a document; and

  (c)   the person refuses or fails to answer the question or produce the document.

Penalty:   Imprisonment for 6 months.

Reasonable excuse

  (4)   Subsection   (1), (2) or (3) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (4) (see subsection   13.3(3) of the Criminal Code ).

  (5)   A reference in this section to the FWC or an FWC Member includes a delegate of the FWC.