Tuesday, November 20, 2012

Royal Commissions- Preventing A Person From Giving Evidence ...

As the effectiveness of a Royal Commission is heavily reliant on the ability to summon witnesses and require them to give evidence and/or produce related documents, section 6L of the Royal Commission Act establishes an offence and penalty for preventing a person from giving evidence or producing a document. Section 6L states:

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(1)? Any person who intentionally prevents any person who has been summoned to attend as a witness before any Royal Commission from attending as a witness or from producing anything in evidence pursuant to the summons to attend shall be guilty of an indictable offence.

Penalty:? Imprisonment for one year.

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(2)? Any person who intentionally prevents any person who is required to produce a document or other thing pursuant to a notice under subsection 2(3A) from producing that document or thing in accordance with the notice is guilty of an indictable offence.

Penalty:? Imprisonment for 1 year.

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As can be seen, the penalty for either intentionally preventing a person from attending a Commission or from producing evidence, including a document or other thing pursuant to a notice, is imprisonment for 1 year.

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A Royal Commission is a very complex legal proceeding.? Any person who is required to appear before a Commission should obtain expert legal advice prior to attendance.

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Our lawyers appear at Newcastle Local Court in many different areas including:

????????? Family Law

????????? Personal Injury Law;

????????? Compensation;

????????? Accident and Insurance Litigation;

????????? Building and Construction Disputes;

????????? Commercial Transactions and Contracts;

????????? Wills, Estates, and Powers of Attorney;

????????? Probate and Disputed Wills;

????????? Buying and Selling a Home or Business;

????????? Criminal Law;

????????? Traffic Law;

????????? Motor Vehicle Claims;

????????? Workers Compensation; and

????????? Conveyancing.?

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Should you have any further queries, please do not hesitate to contact our office.

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The above information is of a general nature only and cannot be relied on as constituting legal advice. The information is relevant at the time of publishing the article. In this respect, we rely upon our Disclaimer at www.bemlaw.com.au/privacy-disclaimer.?

Source: http://www.bemlaw.com.au/legal/royal-commissions-preventing-a-person-from-giving-evidence/

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