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 ).