Document ID: chunk:federal_register_of_legislation:C2004A04382:body:0:p8
Version: federal_register_of_legislation:C2004A04382
Segment Type: other
Provision Reference: 
Character Range: 17982–20710

a person is required to produce by a summons under paragraph 61CQ(c) served on the person.

"(2) A person appearing before a Conscientious Objection Tribunal to give evidence must not, without reasonable excuse:

    (a)     when required under paragraph 61CQ(d) either to take an oath or to make an affirmation—refuse or fail to comply with that requirement; or

    (b)    refuse or fail to answer a question that the person is required to answer by the presiding member.

"(3) A person appearing before a Conscientious Objection Tribunal to give evidence must not knowingly give evidence that is false or misleading in a material particular.

Penalty: Imprisonment for 6 months.

Contempt of Tribunal

  "61CZA. A person must not:

    (a)     obstruct or hinder a Conscientious Objection Tribunal, or a member of such a tribunal, in the performance of the functions of the Tribunal; or

    (b)    disrupt the taking of evidence by a Conscientious Objection Tribunal.

Penalty: Imprisonment for 12 months.

"Division 5—Reviews and appeals

 Review of determinations of Conscientious Objection Tribunals

 "61CZB. A party to a determination by a Conscientious Objection Tribunal may apply to the AAT for review of that determination.

 AAT Act to apply subject to modification

 "61CZC.(1) The AAT Act applies in relation to the review of a determination of a Conscientious Objection Tribunal subject to the modifications set out in this section.

 "(2) Section 30 of the AAT Act applies in relation to such a review as if it read as follows:

 Parties to proceedings before Tribunal

 '30. The parties to a proceeding before the AAT for a review of a determination of a Conscientious Objection Tribunal are:

     (a)  the person in relation to whom the determination was made; and

     (b)  the Commonwealth.'.

 "(3) Sections 30A, 31, 44 and 44A of the AAT Act do not apply in relation to such a review.

 "(4) Subsection 46(1) of the AAT Act applies in relation to such a review as if the words preceding paragraph (a) of that subsection read as follows:

'(1) When a question of law is referred to the Federal Court of Australia in accordance with section 45:'.

 Appeals from AAT

   "61CZD.(1) A party to a decision by the AAT:

     (a)  may appeal from the decision to the Federal Court on a ground involving a question of law only; and

     (b) may, with the leave of the Federal Court, appeal from the decision to that Court on any other ground.

 "(2) An appeal, or an application for leave to appeal, by a person under subsection (1) must be instituted:

     (a)  within 28 days after the day on which the document setting out the terms of the decision of the AAT is given to the person or within such further