Commonwealth Consolidated Acts Commonwealth Consolidated ActsOath or affirmation
(1) A person is guilty of an offence if:
(a) the person appears as a witness before the Tribunal; and
(b) the person has been required under section 40 either to take an oath or make an affirmation; and
(c) the person fails to comply with the requirement.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
Questions
(3) A person is guilty of an offence if:
(a) the person appears as a witness before the Tribunal; and
(b) the member presiding at the proceeding has required the person to answer a question; and
(c) the person fails to answer the question.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).
Books, documents or things
(5) A person is guilty of an offence if:
(a) the person appears as a witness before the Tribunal; and
(b) the person has been given, as prescribed, a summons under this Act to produce a book, document or thing; and
(c) the person fails to produce the book, document or thing.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
(6) Subsection (5) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).
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