Document ID: chunk:federal_register_of_legislation:C2024C00598:section:112
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 112
Character Range: 329184–331412

112  Dealing with witnesses

Power to administer oath or affirmation
 (1) A commissioner may administer an oath or affirmation to a person appearing as a witness before the commission.
Note: This means that proceedings before the commission are judicial proceedings for the purposes of Part III of the Crimes Act 1914, which creates various offences relating to judicial proceedings.

Refusal to be sworn or to answer questions
 (2) A person appearing as a witness at an inquiry by a commission must not:
 (a) refuse or fail to be sworn or to make an affirmation; or
 (b) refuse or fail to answer a question that the person is required to answer by the commissioner (or the commissioner presiding at the inquiry if there is more than one commissioner for the inquiry); or
 (c) refuse or fail to produce a document that the person was required to produce by a summons served on the person.

Offence
 (3) A person who contravenes subsection (2) commits an offence punishable on conviction by imprisonment for not more than 6 months, a fine of not more than 30 penalty units, or both.
Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

No privilege against self‑incrimination
 (4) An individual is not excused from answering a question or producing a document on the ground that answering the question or producing the document would tend to incriminate the individual or to expose the individual to a penalty.

Answers and documents cannot be used in criminal proceedings
 (5) However, none of the following is admissible in evidence in criminal proceedings against the individual (except proceedings under section 491):
 (a) the answer to the question;
 (b) the production of the document;
 (c) any information, document or thing obtained as a direct or indirect consequence of answering the question or producing the document.

Sworn witnesses may also give written evidence on oath
 (6) A commission may permit a person who is appearing as a witness before the commission and has been sworn or has made an affirmation to give evidence by tendering a written statement and verifying it by oath or affirmation.