Commissions of Inquiry Act 1908

9 Offences

(1)

Every person commits an offence who, after being summoned to attend to give evidence before the Commission or to produce to it any papers, documents, records, or things, without sufficient cause—

(a)

fails to attend in accordance with the summons; or

(b)

refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that the person is lawfully required by the Commission or any member of it to answer concerning the subject of the inquiry; or

(c)

fails to produce any such paper, document, record, or thing.

(2)

Every person commits an offence who—

(a)

wilfully obstructs or hinders the Commission or any member of it or any authorised person in any inspection or examination of papers, documents, records, or things pursuant to section 4C(1)(a); or

(b)

without sufficient cause, fails to comply with any requirement of the Commission or any authorised person made under section 4C(1)(b) or (c); or

(c)

without sufficient cause, acts in contravention of or fails to comply with any order made by the Commission under section 4C(3) or any term or condition of the order.

(3)

Every person who commits an offence against this section is liable on conviction to a fine not exceeding $1,000.

(4)

No person summoned to attend the inquiry shall be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there was made to that person a payment or tender of the amount fixed under section 7(2).

Section 9: replaced, on 4 July 1980, by section 4 of the Commissions of Inquiry Amendment Act 1980 (1980 No 2).

Section 9(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).