New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 156

156 Preventing witness from attending and threats to witnesses

(1) A person is guilty of an indictable offence if the person--

(a) wilfully prevents or wilfully endeavours to prevent any person who has been summoned to attend as a witness before an examining Commissioner from attending as a witness or from producing anything in evidence pursuant to a summons to attend, or

(b) takes detrimental action against any person intending to influence a person summoned as a witness before an examining Commissioner to give false testimony or to withhold true testimony or to not attend as a witness or not produce anything in evidence pursuant to a summons to attend.

: Maximum penalty--200 penalty units or imprisonment for 5 years, or both.

(2) A person is guilty of an indictable offence if the person--

(a) wilfully prevents or wilfully endeavours to prevent any person from complying with a production requirement, or

(b) takes detrimental action against any person intending to influence a person to not comply with a production requirement.

: Maximum penalty--200 penalty units or imprisonment for 5 years, or both.

(3) A reference in subsection (1) to a person who has been summoned to attend as a witness before an examining Commissioner includes a reference to a person who is in detention under a warrant under section 71 (6) or who, having been released under that subsection on condition that the person appear and report himself or herself before the examining Commissioner, is still subject to that condition.

(4) In this section--

"detrimental action" has the same meaning as in Part 6A.