Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 210

Compulsory conference

  (1)   For the purposes of conducting an inquiry into, or trying to effect a settlement of, a matter under section   208, a conciliator may direct a person referred to in subsection   (2) to attend, at a time and place specified in the notice, a conference presided over by the conciliator.

  (2)   A direction may be given to:

  (a)   if the matter arose as a result of a complaint under subsection   205(1)--the complainant; or

  (b)   the person whose disputed conduct led to the inquiry; or

  (c)   any other person whose presence at the conference the conciliator thinks is reasonably likely to be conducive to settling the matter.

  (3)   A direction is to be given by written notice given to the person concerned.

  (4)   The person is entitled to be paid by the Commonwealth any allowances for the expenses of a person's attendance that are determined by the ACMA and published in the Gazette .

  (5)   The person must not:

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

  (b)   fail to attend and report himself or herself from day to day unless excused, or released from further attendance, by the conciliator.

Penalty:   50 penalty units.

  (5A)   Subsection   (5) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (5A) (see subsection   13.3(3) of the Criminal Code ).

  (6)   Evidence of anything said or of the production of any document at a conference under this section is not admissible:

  (a)   in any court (whether or not exercising federal jurisdiction); or

  (b)   in proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by consent of parties, to hear evidence;

except in a prosecution for an offence against section   136.1 or 137.1 of the Criminal Code that relates to this Act.



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