Answering questions in accordance with notice
43 Answering questions in accordance with notice
This section applies if:
the National Commissioner has given a notice under section 39; and
the notice requires a person to appear before the National Commissioner in accordance with a requirement mentioned in paragraph 40(1)(c) or (d).
The National Commissioner may require the person to answer questions orally or in writing.
Civil penalty
A person contravenes this subsection if:
the person appears before the National Commissioner in accordance with the requirement; and
the recipient of the notice is not an Australian government entity or official; and
the person refuses or fails to answer a question put by the National Commissioner.
Civil penalty: 30 penalty units.
Exception—reasonable excuse
However, subsection (3) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in this subsection: see section 96 of the Regulatory Powers Act.
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