Section 111 — Environment Protection and Biodiversity Conservation Act 1999: Calling witnesses

Summoning witnesses (1) A commissioner may, by writing signed by the commissioner, summon a person to appear before the commission at a time and place specified in the summons to give evidence and produce any documents mentioned in the summons. Failure of witness to attend (2) A person served with a summons to appear as a witness at an inquiry by a commission must not: (a) fail to attend as required by the summons; or (b) fail to appear and report from day to day unless excused or released from further attendance by or on behalf of the commission. Note: A defendant bears an evidential burden in relation to the excuse or release from further attendance mentioned in paragraph (2)(b). See subsection 13.3(3) of the Criminal Code. Offence (3) A person who contravenes subsection (2) commits an offence punishable on conviction by imprisonment for not more than 6 months, a fine of not more than 30 penalty units, or both. Allowances for witnesses (4) A person summoned by a commission to appear as a witness at an inquiry is entitled to be paid by the Commonwealth such allowances for travelling and other expenses as are prescribed by the regulations.