Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_353j
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 353J
Character Range: 231305–232543

353J  Offence—failure to take an oath, make an affirmation or answer a question etc.
 (1) A person commits an offence if:
 (a) the person is required under section 352P to take an oath or make an affirmation; and
 (b) the person fails to comply with the requirement.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
 (2) A person commits an offence if:
 (a) the person appears as a witness before the Board; and
 (b) the Board member presiding at the proceeding has required the person to answer a question; and
 (c) the person fails to answer the question.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
 (3) A person commits an offence if:
 (a) the person has been served with a summons under section 352Q; and
 (b) the summons required the person to produce a document; and
 (c) the person fails to comply with the requirement.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
 (4) An offence against subsection (1), (2) or (3) is an offence of strict liability.
 (5) Subsections (1), (2) and (3) do 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.