Non‑compliance with requirement to give evidence

In force

(1)

A person required to answer a question, to give evidence or to produce documents under this Part must not:

(a)

when required to take an oath or make an affirmation, refuse or fail to take the oath or make the affirmation; or

(b)

refuse or fail to answer a question that the person is required to answer; or

(c)

refuse or fail to produce a document that the person is required to produce.

Penalty: Imprisonment for 12 months.

(2)

A person required to answer a question, to give evidence or to produce documents under this Part must not:

(a)

when required to take an oath or make an affirmation, refuse or fail to take the oath or make the affirmation; or

(b)

refuse or fail to answer a question that the person is required to answer; or

(c)

refuse or fail to produce a document that the person is required to produce.

Civil penalty: 100 penalty units.

(3)

Subsections (1) and (2) do not apply if the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matters mentioned in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers (Standard Provisions) Act 2014.

(4)

Subsections (1) and (2) do not apply to a refusal to answer a question, or a refusal to produce a document, if the answer to the question or the production of the document would tend to incriminate the person.

Note:

(5)

Subsections (1) and (2) do not apply if:

(a)

the person is a journalist; and

(b)

the answer to the question or the production of the document would tend to disclose the identity of a person who supplied information in confidence to the journalist.

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

205 Non‑compliance with requirement to give evidence