Document ID: chunk:federal_register_of_legislation:C2024C00591:section:153
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 153
Character Range: 349216–350810

153  Refusal to be sworn or to answer questions etc.
 (1) A person appearing before the Panel to give evidence must not:
 (a) when required under section 146 either to take an oath or to make an affirmation—refuse or fail to comply with the requirement; or
 (b) refuse or fail to answer a question that the person is required to answer by the Panel.
Penalty: 30 penalty units.
 (1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.
 (1B) In paragraph (1)(a), strict liability applies to the physical element of circumstance, that the requirement is under section 146.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (2) A person must not refuse or fail to produce a document that a person is required to produce by a summons under section 146 served on the person as prescribed.
Penalty: 30 penalty units.
 (2A) Subsection (2) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2A). See subsection 13.3(3) of the Criminal Code.
 (2B) In subsection (2), strict liability applies to the physical element of circumstance, that the requirement is under section 146.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) A person appearing before the Panel to give evidence must not intentionally give evidence, knowing that it is false or misleading in a material particular.
Penalty: Imprisonment for 6 months.