Document ID: chunk:federal_register_of_legislation:C2004A01219:clause:2_95u
Version: federal_register_of_legislation:C2004A01219
Segment Type: clause
Provision Reference: sch 2 cl 95U
Character Range: 37883–39269

95U  Refusal to be sworn or to answer question

 (1) A person appearing as a witness at an inquiry must not:
 (a) refuse or fail to swear an oath or to make an affirmation if required to do so 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; or
 (b) refuse or fail to answer a question that he or she is required to answer by the inquiry Chair; or
 (c) refuse or fail to produce a document that he or she was required to produce by a summons under this Part given to him or her.

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).

 (3) It is a reasonable excuse for the purposes of subsection (2) for a person to refuse or fail to answer a question on the ground that the answer might tend to incriminate the person or to expose the person to a penalty.

 (4) It is a reasonable excuse for the purposes of subsection (2) for a person to refuse or fail to produce a document on the ground that the production of the document might tend to incriminate the person or to expose the person to a penalty.

 (5) Subsections (3) and (4) do not limit what is a reasonable excuse for the purposes of subsection (2).