Section 95TCompetition and Consumer Act 2010 (Cth)

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).

Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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