Refusal to be sworn or to answer questions
161 Refusal to be sworn or to answer questions
A person appearing as a witness before the Tribunal shall not:
refuse or fail to be sworn or to make an affirmation;
refuse or fail to answer a question that he or she is required to answer by the member presiding at the proceedings; or
refuse or fail to produce a document that he or she was required to produce by a summons under this Act served on him or her as prescribed.
Subsection (1) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matters in subsection (1A), see subsection 13.3(3) of the Criminal Code.
It is a reasonable excuse for an individual to refuse or fail to answer a question that he or she is required to answer under this section that the answer to the question may tend to incriminate him or her.
A defendant bears an evidential burden in relation to the matters in subsection (2), see subsection 13.3(3) of the Criminal Code.
A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 20 penalty units or imprisonment for 12 months.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part IA of the Crimes Act 1914 contains provisions dealing with penalties.
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