Victorian Numbered Acts

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MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 (NO 79 OF 2004) - SECT 37

Failure of witnesses to attend and answer questions

    (1)     A person served, as prescribed by this Act, with a witness summons to appear as a witness at an examination before the Chief Examiner must not, without reasonable excuse—

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

        (b)     fail to attend from day to day unless excused, or released from further attendance, by the Chief Examiner.

    (2)     A person appearing as a witness before the Chief Examiner must not—

        (a)     at an examination, refuse or fail to answer a question that he or she is required to answer by the Chief Examiner; or

        (b)     without reasonable excuse, refuse or fail to produce a document or other thing that he or she was required to produce by the witness summons.

    (3)     A person who contravenes sub-section (1) or (2) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

    (4)     A person does not contravene sub-section (2)(b) if under section 41

        (a)     the Chief Examiner withdraws the requirement to produce the document or other thing that the person was required to produce by the witness summons; or

        (b)     the person seals the document or other thing and gives it to the Chief Examiner.

    (5)     A person does not contravene sub-section (1) or (2) if the person is under the age of 16 years at the date of issue of the witness summons.



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