Document ID: chunk:federal_register_of_legislation:C2004A00761:clause:2_268cl
Version: federal_register_of_legislation:C2004A00761
Segment Type: clause
Provision Reference: sch 2 cl 268CL
Character Range: 32622–33304

268CL  Offence: failure to answer question

 (1) A person is guilty of an offence if the person refuses or fails to comply with a requirement under section 268CK (officer on premises under warrant may ask questions).

Maximum penalty: Imprisonment for 6 months.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

 (2) However, a person is not guilty of an offence if answering the question or giving or showing the document might tend to incriminate the person or expose the person to a penalty.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.