Hearings

Offence title:

Hearings

Act:

219 Australian Securities and Investments Commission Act

Offence:

(1)   A person served, as prescribed, with a summons to appear as a witness at a hearing must not:

(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 Panel Chairperson.

(2)   A person appearing as a witness at a hearing must not:

(a)   when required pursuant to subsection 217(2) to either take an oath or make an affirmation—refuse or fail to comply with the requirement; or

(b)   refuse or fail to answer a question that he or she is required to answer by the Panel Chairperson; or

(c)    refuse or fail to produce a document that he or she was required to produce by a summons under subsection 217(1) served on him or her as prescribed.

(3)   A person must not, at a hearing, give evidence that is false or misleading.

(4)   A person must not contravene subsection (1), (2) or (3).

For offences under ss. (1), (2) or (3) - 3 months imprisonment.

Summary/Indictable/mixed:

Summary

Jurisdiction:

Local Court

How committed:

(1)   A person who having received a summons to appear at the disciplinary board, fails to do so, commits and offence.

(2)   A witness at a disciplinary board who fails to take an oath or give an affirmation commits an offence.

(3)   A witness who gives false or misleading evidence at a disciplinary board, commits an offence.

Important note:

Defence: ss. (1) and (2) Reasonable excuse.

The defendant bears the evidential onus.