Document ID: chunk:federal_register_of_legislation:C2025C00023:section:202:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 202 (pt 1/2)
Character Range: 758996–761523

202  Non‑compliance with requirement to give evidence
 (1) A person required to give evidence or to produce documents at a hearing must not:
 (a) fail to attend as required by the notice; or
 (b) fail to appear and report from day to day unless excused or released from further attendance.
Penalty: Imprisonment for one year.
 (1A) A person required to give evidence or to produce documents at a hearing must not:
 (a) fail to attend as required by the notice; or
 (b) fail to appear and report from day to day unless excused or released from further attendance.
 (1B) Subsection (1A) is a civil penalty provision.
 (2) A person required to answer a question, to give evidence or to produce documents under this Part must not:
 (a) when required to take an oath or make an affirmation, refuse or fail to take the oath or make the affirmation; or
 (b) refuse or fail to answer a question that the person is required to answer; or
 (c) refuse or fail to produce a document that the person is required to produce.
Penalty: Imprisonment for one year.
 (2AA) A person required to answer a question, to give evidence or to produce documents under this Part must not:
 (a) when required to take an oath or make an affirmation, refuse or fail to take the oath or make the affirmation; or
 (b) refuse or fail to answer a question that the person is required to answer; or
 (c) refuse or fail to produce a document that the person is required to produce.
 (2AB) Subsection (2AA) is a civil penalty provision.
 (2A) Subsections (1), (1A), (2) and (2AA) do not apply if the person has a reasonable excuse.
Note: In criminal proceedings, a defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
 (2B) A person who wishes to rely on subsection (2A) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.
 (3) For the avoidance of doubt, it is declared that it is a reasonable excuse for a person to refuse to answer a question or to produce a document if the answer to the question or the production of the document would tend to incriminate the person.
 (4) It is a reasonable excuse for a person to refuse to answer a question or to produce a document if:
 (a) the person is a journalist; and
 (b) the answer to the question or the production of the document would tend to disclose the identity of a person who supplied information in confidence to the journalist; and
 (c) the information has been used for the purposes of: