80 Obstruction of Commission, Inspector and others
A person shall not:(a) without reasonable excuse, wilfully obstruct, hinder, resist or threaten:(i) the Commission or an officer of the Commission in the exercise of functions under this Act, or(ii) the Inspector or an officer of the Inspector in the exercise of functions under this Act, or(iii) an Australian legal practitioner appointed by the Commission to assist the Commission as counsel in the exercise of functions as such counsel, or(iv) an Australian legal practitioner or other person authorised to appear before the Commission in relation to that appearance, or(b) without reasonable excuse, refuse or wilfully fail to comply with any lawful requirement of the Commission or an officer of the Commission, or the Inspector or an officer of the Inspector, under this Act, or(c) wilfully make any false statement to or mislead, or attempt to mislead, the Commission or an officer of the Commission, or the Inspector or an officer of the Inspector, in the exercise of functions under this Act, or(d) disrupt a compulsory examination or public inquiry before the Commission.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
81 Complaints about possible corrupt conduct
A person shall not, in making a complaint under this Act, wilfully make any false statement to or mislead, or attempt to mislead, the Commission or an officer of the Commission.Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
82 Offences relating to obtaining information
A person shall not:(a) without reasonable excuse, fail to comply with a notice served on the person under section 21, or(b) in purported compliance with a notice served on the person or some other person under that section, knowingly furnish information that is false or misleading in a material particular.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
83 Offences relating to obtaining documents etc
A person shall not, without reasonable excuse, refuse or fail to comply with a notice served on the person under section 22.Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
84 Obstruction of person executing search warrant
A person shall not, without reasonable excuse, obstruct or hinder a person executing a search warrant.Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.
85 Compulsory examinations and public inquiries
A person who is present at a compulsory examination or public inquiry in contravention of section 31A is guilty of an offence.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(1) A person summoned to attend or appearing before the Commission at a compulsory examination or public inquiry shall not, without reasonable excuse, fail:(a) to attend before the Commission in accordance with the summons, or(b) to be sworn or to make an affirmation, or(c) to answer any question relevant to an investigation put to the person by the Commissioner or other person presiding at the compulsory examination or public inquiry, or(d) to produce any document or other thing in the person’s custody or control which the person is required by the summons or by the person presiding to produce.Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.
(2) It is a defence to a prosecution for failing without reasonable excuse to produce a document or other thing if the defendant establishes that the document or other thing was not relevant to an investigation.(3) A person who without reasonable excuse fails to comply with a condition to which the release of the person under section 36 (6) or 100A is subject, is guilty of an offence.Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.
87 False and misleading evidence
(1) A person who, at a compulsory examination or public inquiry conducted by the Commission, gives evidence that is false or misleading in a material particular knowing it to be false or misleading, or not believing it to be true, is guilty of an indictable offence.Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.
(2) Sections 331 and 332 of the Crimes Act 1900 apply to proceedings for an offence against this section in the same way as they apply to proceedings for an offence under section 330 of that Act.
88 Offences relating to documents or other things
(1) A person who, knowing that any document or other thing is or may be required in connection with an investigation, wilfully destroys it or renders it incapable of identification or, in the case of a document, renders it illegible, indecipherable or unusable, with intent to prevent it from being used in connection with the investigation, is guilty of an indictable offence.Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2) A person who, with intent to delay or obstruct the carrying out by the Commission of any investigation:(a) destroys or alters any document or other thing relating to the subject-matter of the investigation, or(b) sends or attempts to send, or conspires with any other person to send, out of New South Wales any such document or other thing, or any property of any description belonging to or in the disposition of or under the control of any person whose affairs are the subject-matter of the investigation,is guilty of an indictable offence.Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.
(3) A person who, with intent to delay or obstruct the carrying out by the Commission of any investigation, or with intent to mislead the Commission, fabricates any document or other thing is guilty of an indictable offence, if the document or other thing is produced in evidence to the Commission or is produced in purported compliance with a requirement under section 21 or 22.Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.
(4) If in any prosecution for an offence against subsection (2) it is proved that the person charged with the offence has destroyed or altered any document or other thing, or has sent or attempted to send, or conspired to send, out of New South Wales any such document or other thing, the onus of proving that in so doing the person had not acted in contravention of this section is on the person.
89 Procuring false testimony by witness
A person who procures or causes or attempts or conspires to procure or cause:(a) the giving of false testimony at a compulsory examination or public inquiry before the Commission, or(b) in purported compliance with a notice served on any person under section 21, the furnishing of information that is, to the knowledge of the person so served, false or misleading in a material particular,is guilty of an indictable offence.Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.
A person who:(a) gives, confers or procures, or promises to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, on or for any person, on any agreement or understanding that any person called or to be called as a witness before the Commission will give false testimony or withhold true testimony, or(b) attempts by any means to induce a person called or to be called before the Commission to give false testimony, or to withhold true testimony, or(c) asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or herself, or for any other person, on any agreement or understanding that any person will as a witness before the Commission give false testimony or withhold true testimony,is guilty of an indictable offence.Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.
A person who practises any fraud or deceit on, or knowingly makes or exhibits any false statement, representation or writing to, any person:(a) called or to be called as a witness before the Commission with intent to affect the testimony of that person as a witness, or(b) required to comply with a notice under section 21 or 22 with intent to affect that person’s compliance with the notice,is guilty of an indictable offence.Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.
92 Preventing witness from attending
(1) A person who wilfully prevents or wilfully endeavours to prevent any person who has been summoned to attend as a witness before the Commission from attending as a witness or from producing anything in evidence pursuant to a summons to attend is guilty of an indictable offence.Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.
(2) A person who wilfully prevents or wilfully endeavours to prevent any person from complying with a requirement under section 21 or 22 is guilty of an indictable offence.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 the Commission includes a reference to a person who is in detention under a warrant under section 36 (6) or who, having been released under that subsection on condition that the person appear and report himself or herself before the Commission, is still subject to that condition.
93 Injury to witness or person assisting Commission
(1) A person who uses, causes, inflicts or procures, or threatens to use, cause, inflict or procure, any violence, punishment, damage, loss or disadvantage to any person for or on account of:(a) his or her assisting the Commission, or(b) any evidence given by him or her before the Commission,is guilty of an indictable offence.Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.
(2) In this section, a reference to a person assisting the Commission is a reference to a person who:(a) has appeared, is appearing or is to appear as a witness before the Commission, or(b) has complied with or proposes to comply with a requirement under section 21 or 22, or(c) has assisted, is assisting or is to assist the Commission in some other manner.
94 Dismissal of witness, or person assisting Commission, by employer
(1) An employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee assisting the Commission is guilty of an indictable offence.Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.
(2) In this section, a reference to a person assisting the Commission is a reference to a person who:(a) has appeared, is appearing or is to appear as a witness before the Commission, or(b) has complied with or proposes to comply with a requirement under section 21 or 22, or(c) has assisted, is assisting or is to assist the Commission in some other manner.(3) In any proceedings for an offence against this section, it lies on the employer to prove that any employee shown to have been dismissed or prejudiced in his or her employment was so dismissed or prejudiced for some reason other than the reasons mentioned in subsection (1).
95 Impersonation of officer of Commission
(1) A person shall not directly or indirectly represent that he or she is an officer of the Commission (whether generally or of a particular class of officer), unless the person is such an officer (or of that class).Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(2) For the purposes of subsection (1), a person represents that a state of affairs exists if the person does or says anything, or causes, permits or suffers anything to be done or said, whereby it is represented, or whereby a belief may be induced, that the state of affairs exists.
96 Bribery of officer of Commission
(1) An officer of the Commission shall not corruptly ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for himself or herself, or for another person:(a) to forgo or neglect his or her duty, or influence him or her, in the exercise of his or her functions as an officer of the Commission, or(b) on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him or her in the exercise of those functions, or(c) to use, or take advantage of, his or her position as an officer of the Commission in order improperly to gain a benefit or advantage for, or facilitate the commission of an offence by, another person.Maximum penalty: 200 penalty units or imprisonment for 7 years, or both.
(2) A person shall not corruptly give to, confer upon, or procure for, or promise or offer to give to, confer upon, or procure for, or attempt to procure for, an officer of the Commission, or for any other person, any money, property or benefit of any kind:(a) for the person who has those functions to forgo or neglect his or her duty, or to influence him or her in the exercise of his or her functions as an officer of the Commission, or(b) on account of anything already done, or omitted to be done, by him or her in the exercise of those functions, or(c) for the officer of the Commission to use or take advantage of his or her position as such an officer in order improperly to gain a benefit or advantage for, or facilitate the commission of an offence by, the person first referred to in this subsection.Maximum penalty: 200 penalty units or imprisonment for 7 years, or both.
(3) An offence under this section is an indictable offence.