Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p10
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 10/38)
Character Range: 779966–782714

is of the same force and effect, and entails the same liabilities, as an oath.

5.09  Offences by witnesses
 (1) A person summoned to attend before a Commissioner as a witness must not:
 (a) fail to attend, after payment or tender to the person of a reasonable sum for expenses of attendance; or
 (b) refuse to be sworn or to make an affirmation as a witness; or
 (c) refuse to answer any question when required to do so by the Commissioner; or
 (d) refuse or fail to produce a book or document which the person was required by the summons to produce.
Penalty: 10 penalty units.
 (2) Paragraphs (1)(a) and (d) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (2) (see subsection 13.3(3) of the Criminal Code).
 (3) Strict liability applies to paragraph (1)(a).

5.10  Statements of person not admissible in evidence against the person
  A statement or disclosure made by a person in answer to a question put to the person during an investigation by a Commissioner is not admissible in evidence against the person in any civil or criminal proceedings other than:
 (a) proceedings in respect of a false answer; or
 (b) proceedings relating to the deportation of the person.

5.11  Representation by counsel etc
 (1) In an investigation before a Commissioner, the person summoned to appear and the Minister are each entitled to be represented by a barrister or solicitor or by an agent approved by the Commissioner.
 (2) A barrister, solicitor or agent appearing before a Commissioner may examine or cross‑examine witnesses and address the Commissioner.

5.12  Offences in relation to Commissioners
  A person must not:
 (a) intentionally insult or disturb a Commissioner when exercising powers and functions under the Act; or
 (b) interrupt the proceedings of a Commissioner; or
 (c) use insulting language towards a Commissioner; or
 (d) by writing or speech use words calculated to influence dishonestly a Commissioner or a witness before a Commissioner.
Penalty: 10 penalty units.

5.13  Protection of Commissioners, barristers and witnesses
 (1) A Commissioner has, in the performance of the duties of a Commissioner, the same protection and immunity as a Justice of the High Court.
 (2) A barrister, solicitor or approved agent appearing before a Commissioner has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
 (3) A witness summoned to attend, or appearing, before a Commissioner has the same protection as a witness in proceedings in the High Court.

5.14  Procedure of prescribed authorities
  This Part applies to:
 (a) prescribed authorities referred to in section 255 of the Act; and