Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 677

Offences in relation to attending before the FWC

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.



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