Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p23
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 56220–58872

an oath or make an affirmation—refuse or fail to comply with the requirement;
     (b) refuse or fail to answer a question that he is required to answer by the Chairman; or
     (c) refuse or fail to produce a document that he was required to produce by a summons under sub-section 30f (1) served on him as prescribed.

"(3) A person shall not, at a hearing, give evidence that is false or misleading.

"(4) Where—
     (a) a duly qualified legal practitioner is required to answer a question or produce a document at a hearing; and
     (b) the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his capacity as a legal practitioner,
the legal practitioner is entitled to refuse to comply with the requirement unless the person to whom or by whom the communication was made agrees to the legal practitioner complying with the requirement but, where the legal practitioner refuses to comply with the requirement, he shall, if so required by the Chairman, and if he knows the name and address of the person to whom or by whom the communication was made, forthwith furnish that name and address in writing to the Board.
"(5) It is not a reasonable excuse for the purposes of sub-section (2) for a person to refuse or fail to answer a question put to him that the answer might tend to incriminate him but, where the person claims, before answering the question, that the answer might tend to incriminate him, neither the question nor the answer is admissible in evidence against him in criminal proceedings other than proceedings for a contravention of sub-section (3) or proceedings in relation to a charge of perjury in respect of the answer.
"(6) A person who contravenes sub-section (1), (2), (3) or (4) is guilty of an offence.
Penalty: $1,000 or imprisonment for 3 months.
"(7) Where the Board is satisfied that—
     (a) a person served, as prescribed, with a summons to appear as a witness at a hearing has, without reasonable excuse, failed to attend as required by paragraph (1) (a) or (b); or
     (b) a person appearing as a witness at a hearing has, without reasonable excuse—
          (i) when required pursuant to sub-section 30f (2) either to take an oath or make an affirmation;
          (ii) when required by the Chairman to answer a question; or
          (iii) when required to produce a document by a summons under sub-section 30f (1) served on him as prescribed,
      refused or failed to comply with the requirement,
the Chairman may, by instrument in writing, certify the failure to attend or the refusal or failure to comply with the requirement,