Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_62
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 62
Character Range: 88488–90221

62  Refusal to be sworn or to answer questions

Oath or affirmation

 (1) A person is guilty of an offence if:
 (a) the person appears as a witness before the Tribunal; and
 (b) the person has been required under section 40 either to take an oath or make an affirmation; and
 (c) the person fails to comply with the requirement.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

 (2) Subsection (1) does not apply if the person has a reasonable excuse.

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

Questions

 (3) A person is guilty of an offence if:
 (a) the person appears as a witness before the Tribunal; and
 (b) the member presiding at the proceeding has required the person to answer a question; and
 (c) the person fails to answer the question.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

 (4) Subsection (3) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Books, documents or things

 (5) A person is guilty of an offence if:
 (a) the person appears as a witness before the Tribunal; and
 (b) the person has been given, as prescribed, a summons under this Act to produce a book, document or thing; and
 (c) the person fails to produce the book, document or thing.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

 (6) Subsection (5) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).