Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 111

Summoning witnesses

  (1)   A commissioner may, by writing signed by the commissioner, summon a person to appear before the commission at a time and place specified in the summons to give evidence and produce any documents mentioned in the summons.

Failure of witness to attend

  (2)   A person served with a summons to appear as a witness at an inquiry by a commission must not:

  (a)   fail to attend as required by the summons; or

  (b)   fail to appear and report from day to day unless excused or released from further attendance by or on behalf of the commission.

Note:   A defendant bears an evidential burden in relation to the excuse or release from further attendance mentioned in paragraph   (2)(b). See subsection   13.3(3) of the Criminal Code .

Offence

  (3)   A person who contravenes subsection   (2) commits an offence punishable on conviction by imprisonment for not more than 6 months, a fine of not more than 30 penalty units, or both.

Allowances for witnesses

  (4)   A person summoned by a commission to appear as a witness at an inquiry is entitled to be paid by the Commonwealth such allowances for travelling and other expenses as are prescribed by the regulations.