Section 677 — Fair Work Act 2009: Offences in relation to attending before the FWC

Required to attend (1) A person commits an offence if: (a) the person has been required to attend before the FWC; and (b) the person fails to attend as required. Penalty: Imprisonment for 6 months. Oath or affirmation (2) A person commits an offence if: (a) the person attends before the FWC; and (b) the FWC requires the person to take an oath or make an affirmation; and (c) the person refuses or fails to be sworn or to make an affirmation as required. Penalty: Imprisonment for 6 months. Questions or documents (3) A person commits an offence if: (a) the person attends before the FWC; and (b) the FWC requires the person to answer a question or produce a document; and (c) the person refuses or fails to answer the question or produce the document. Penalty: Imprisonment for 6 months. Reasonable excuse (4) Subsection (1), (2) or (3) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code). (5) A reference in this section to the FWC or an FWC Member includes a delegate of the FWC.