Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 134

Failing to comply with summons

    (1)     A person who has been properly served with a summons to attend the Tribunal must not, without reasonable excuse, fail to—

        (a)     attend as required by the summons until he or she has been excused or released from attendance by the Tribunal; or

        (b)     produce any document referred to in the summons that is in the person's possession.

Penalty:     Level 9 imprisonment (6 months maximum) or a level 9 fine (60 penalty units maximum) or both, and 5 penalty units for each day that the offence continues after the day on which the person was required to attend or produce the document.

    (2)     The Tribunal may direct the apprehension of a person who fails to attend as required by a summons for the purpose of bringing the person before the Tribunal to give evidence or produce documents (as the case requires).

    (3)     The Tribunal's power to give a direction under subsection (2) is exercisable only by a judicial member.

S. 134(4) amended by No. 37/2014 s. 10(Sch. item 177.2).

    (4)     A police officer must obey and execute a direction of the Tribunal under subsection (2).

S. 134(5) inserted by No. 79/2006 s. 58.

    (5)     The Bail Act 1977 applies, with any necessary modifications, to and in respect of a person brought before the Tribunal under this section as if—

        (a)     the person were accused of an offence and were being held in custody in relation to that offence; and

S. 134(5)(b) amended by No. 26/2017 s. 28.

        (b)     the Tribunal were a bail decision maker within the meaning of that Act.



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