Document ID: chunk:federal_register_of_legislation:C2024C00852:section:205
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 205
Character Range: 241391–243333

205  Non‑compliance with requirement to give evidence
 (1) A person required to answer a question, to give evidence or to produce documents under this Part must not:
 (a) when required to take an oath or make an affirmation, refuse or fail to take the oath or make the affirmation; or
 (b) refuse or fail to answer a question that the person is required to answer; or
 (c) refuse or fail to produce a document that the person is required to produce.
Penalty: Imprisonment for 12 months.
 (2) A person required to answer a question, to give evidence or to produce documents under this Part must not:
 (a) when required to take an oath or make an affirmation, refuse or fail to take the oath or make the affirmation; or
 (b) refuse or fail to answer a question that the person is required to answer; or
 (c) refuse or fail to produce a document that the person is required to produce.
Civil penalty: 100 penalty units.
 (3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers (Standard Provisions) Act 2014.
 (4) Subsections (1) and (2) do not apply to a refusal to answer a question, or a refusal to produce a document, if the answer to the question or the production of the document would tend to incriminate the person.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers (Standard Provisions) Act 2014.
 (5) Subsections (1) and (2) do not apply if:
 (a) the person is a journalist; and
 (b) the answer to the question or the production of the document would tend to disclose the identity of a person who supplied information in confidence to the journalist.

Part 15—Disclosure of information