Document ID: chunk:federal_register_of_legislation:C2023C00478:section:25
Version: federal_register_of_legislation:C2023C00478
Segment Type: section
Provision Reference: s 25
Character Range: 28598–30466

25  Offences

Failure to attend hearing
 (1) A person commits an offence if:
 (a) the person is served with a notice to attend a hearing; and
 (b) the person fails to attend as required by the notice.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Failure to swear an oath, make an affirmation or answer a question
 (2) A person commits an offence if:
 (a) the person is served with a notice to attend a hearing; and
 (b) either:
 (i) the person fails to be sworn or to make an affirmation at the hearing; or
 (ii) the person fails to answer a question at the hearing that the Independent National Security Legislation Monitor requires the person to answer.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Failure to produce a document or thing
 (3) A person commits an offence if:
 (a) the person receives a notice to produce a document or thing specified in the notice; and
 (b) the person fails to produce the document or thing that the person was required to produce.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Failure to provide information
 (4) A person commits an offence if:
 (a) the person receives a notice to provide information specified in the notice; and
 (b) the person fails to provide the information that the person was required to provide.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Exception—reasonable excuse
 (5) This section does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
 (6) It is a reasonable excuse for a person to fail to:
 (a) answer a question; or
 (b) produce a document or thing; or
 (c) provide information;
on the ground that to do so might tend to incriminate the person or expose the person to a penalty.