Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS ACT 1986 - SECT 169

Refusal to be sworn or to answer questions etc.

             (1)  A person appearing as a witness before the Board shall not:

                     (a)  when required in pursuance of section 151 either to take an oath or make an affirmation--fail to comply with the requirement;

                     (b)  fail to answer a question that the person is required to answer by the presiding member; or

                     (c)  fail to produce a document that the person is required to produce by a summons under this Part served on the person as prescribed.

Penalty:  $1,000 or imprisonment for 6 months, or both.

          (1A)  An offence under subsection (1) is an offence of strict liability.

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

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

Note:          The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code .

             (2)  A person appearing as a witness before the Board shall not intentionally give evidence that is false or misleading in a material particular.

Penalty:  $2,000 or imprisonment for 12 months, or both.



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