Document ID: chunk:federal_register_of_legislation:C2024C00866:section:169
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 169
Character Range: 1709750–1710900

169  Refusal to be sworn or to answer questions etc.
 (1) A person appearing as a witness before the Board shall not:
 (a) when required in pursuance of section 151 either to take an oath or make an affirmation—fail to comply with the requirement;
 (b) fail to answer a question that the person is required to answer by the presiding member; or
 (c) fail to produce a document that the person is required to produce by a summons under this Part served on the person as prescribed.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
 (1A) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (1B) 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 (1B). See subsection 13.3(3) of the Criminal Code.
 (2) A person appearing as a witness before the Board shall not intentionally give evidence that is false or misleading in a material particular.
Penalty for a contravention of this subsection: Imprisonment for 12 months or 20 penalty units, or both.