Commonwealth Numbered Acts

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 677

Required to attend

             (1)  A person commits an offence if:

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

                     (b)  FWA 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 FWA; and

                     (b)  FWA 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 FWA or an FWA Member includes a delegate of FWA.