Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_61cz
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 61CZ
Character Range: 6498–8356

61CZ  Refusal to be sworn or to answer questions etc.

 (1) A person is guilty of an offence if the person:
 (a) is required to produce a document by a summons under paragraph 61CQ(c) served on the person; and
 (b) refuses or fails to do so.

Penalty: Imprisonment for 6 months.

 (2) In paragraph (1)(a), strict liability applies to the physical element of circumstance, that the summons is under paragraph 61CQ(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) A person is guilty of an offence if the person:
 (a) is appearing before a Conscientious Objection Tribunal to give evidence; and
 (b) is required under paragraph 61CQ(d) either to take an oath or to make an affirmation; and
 (c) refuses or fails to comply with the requirement.

Penalty: Imprisonment for 6 months.

 (4) In paragraph (3)(b), strict liability applies to the physical element of circumstance, that the requirement is under paragraph 61CQ(d).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (5) A person is guilty of an offence if the person:
 (a) is appearing before a Conscientious Objection Tribunal to give evidence; and
 (b) is required to answer a question by the presiding member; and
 (c) refuses or fails to answer the question.

Penalty: Imprisonment for 6 months.

 (6) Subsections (1), (3) and (5) do not apply if the person has a reasonable excuse.

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

 (7) A person is guilty of an offence if the person:
 (a) is appearing before a Conscientious Objection Tribunal to give evidence; and
 (b) gives evidence that is false or misleading in a material particular; and
 (c) knows that the evidence is false or misleading in the material particular.

Penalty: Imprisonment for 6 months.