(1) If any person served with a summons to attend a Special Commission, whether the summons is served personally or by being left at the person’s usual place of abode, fails without reasonable excuse to attend the Special Commission or to produce any documents or writings in the person’s custody or control which the person was required by the summons to produce, the person is guilty of an offence and liable to a penalty not exceeding 10 penalty units.(2) It shall be a defence to a prosecution under this section for failing without reasonable excuse to produce any books, documents or writings if the defendant proves that the books, documents or writings were not relevant to the Special Commission.
If any person appearing as a witness before a Special Commission refuses to be sworn or to make an affirmation or to answer any question relevant to the Special Commission put to the person by the Commissioner, the person is guilty of an offence and liable to a penalty not exceeding 10 penalty units.
(1) Any witness before a Special Commission who gives testimony 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: Imprisonment for 5 years.(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.
Any person who procures or causes or attempts or conspires to procure or cause the giving of false testimony before a Special Commission is guilty of an indictable offence and is liable to be imprisoned for a period not exceeding 5 years.
Any person who, knowing that any book, document or writing is or may be required in evidence before a Special Commission, wilfully destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of an indictable offence and is liable to be imprisoned for a period not exceeding 2 years.
(1) Any person who, with intent to delay or obstruct the carrying out by a Special Commission of any inquiry, destroys or alters any book, document or record relating to the subject-matter of the inquiry, or sends or attempts to send, or conspires with any other person to send out of New South Wales any such book, document or record, or any property of any description belonging to or in the disposition of or under the control of any person or company whose affairs are the subject-matter of the inquiry, is guilty of an indictable offence and is liable to be imprisoned for a period not exceeding 5 years.(2) If in any prosecution for an offence against this section it is proved that the defendant has destroyed or altered any book, document or record, or has sent or attempted to send, or conspired to send, out of New South Wales any such book, document or record, or any other thing, the onus of proving that in so doing the defendant had not acted in contravention of this section shall be upon the defendant.
(1) Where a Commissioner directs that a hearing or part of a hearing before the Commission take place in private, a person shall not be present at the hearing unless the person is entitled to be present by virtue of the direction.(2) Where a Commissioner gives a direction preventing or restricting the publication of evidence given before the Commissioner or of matters contained in documents lodged with the Commissioner, a person shall not contravene the direction.
Maximum penalty: 10 penalty units.
In any proceedings for an offence against this Act, other than proceedings for the committal for trial of a person charged with an indictable offence, the court may award costs against any party.
Proceedings for an offence (other than an indictable offence) against this Act or the regulations may be taken before the Local Court.