Offence: failure to answer question
268CL Offence: failure to answer question
A person commits an offence if the person refuses or fails to comply with a requirement under section 268CK (officer on premises under warrant may ask questions).
Penalty: Imprisonment for 6 months.
However, a person does not commit an offence if answering the question or giving or showing the document might tend to incriminate the person or expose the person to a penalty.
A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
An offence against subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
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