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) is guilty of 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.