Section 95T — Competition and Consumer Act 2010: Failure of witness to attend

(1) A person commits an offence if: (a) the person is given a summons to appear as a witness at an inquiry; and (b) the person fails to attend as required by the summons or fails to appear and report himself or herself from day to day; and (c) the person has not been excused, or released from further attendance, by: (i) in an inquiry by the Commission—a member of the Commission; or (ii) in an external inquiry—the person presiding at the inquiry. Penalty: 10 penalty units. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).