Document ID: chunk:federal_register_of_legislation:F2018L00316:reg:32
Version: federal_register_of_legislation:F2018L00316
Segment Type: reg
Provision Reference: reg 32
Character Range: 29520–31098

32  Failing or refusing to answer question
 (1) A person commits an offence if:
 (a) the person appears as a witness at a hearing of a Commission; and
 (b) the person fails or refuses to answer a question put to that person by:
 (i) a COI member of the Commission; or
 (ii) a legal practitioner appointed under section 10 to assist the Commission; or
 (iii) a person permitted by the President of the Commission under section 23 to examine the person; and
 (c) the question is relevant to the Commission's inquiry; and
 (d) the President requires the person to answer the question.
Penalty: 20 penalty units.
 (2) A person commits an offence if:
 (a) the person attends as a witness before a COI assistant of a Commission to give evidence; and
 (b) the person fails or refuses to answer a question put to that person by the COI assistant; and
 (c) the question is relevant to the Commission's inquiry; and
 (d) the COI assistant requires the person to answer the question.
Penalty: 20 penalty units.

 (3) Subsections (1) and (2) do not apply if:
 (a) the person appears as a witness at a hearing of a Commission or attends as a witness before a COI assistant of a Commission to give evidence; and
 (b) the person fails or refuses to answer a question; and
 (c) the person believes on reasonable grounds that the answer to the question is likely to cause damage to the defence, security or international relations of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (3) (see section 13.3 of the Criminal Code).