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.
Sourced from the Federal Register of Legislation at 17 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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