Document ID: chunk:federal_register_of_legislation:C2025C00189:section:161
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 161
Character Range: 2223682–2225036

161  Refusal to be sworn or to answer questions
 (1) A person appearing as a witness before the Tribunal shall not:
 (a) refuse or fail to be sworn or to make an affirmation;
 (b) refuse or fail to answer a question that he or she is required to answer by the member presiding at the proceedings; or
 (c) refuse or fail to produce a document that he or she was required to produce by a summons under this Act served on him or her as prescribed.
 (1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matters in subsection (1A), see subsection 13.3(3) of the Criminal Code.
 (2) It is a reasonable excuse for an individual to refuse or fail to answer a question that he or she is required to answer under this section that the answer to the question may tend to incriminate him or her.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2), see subsection 13.3(3) of the Criminal Code.
 (3) A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 20 penalty units or imprisonment for 12 months.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Part IA of the Crimes Act 1914 contains provisions dealing with penalties.