Refusal to be sworn or to answer questions
(1) A person appearing as a witness before the Tribunal shall not: (a) refuse or fail to be sworn or to make an affirmation; (b) refuse or fail to answer a question that he or she is required to answer by the member presiding at the proceedings; or (c) 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. (1A) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matters in subsection (1A), see subsection 13.3(3) of the Criminal Code. (2) 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. Note: A defendant bears an evidential burden in relation to the matters in subsection (2), see subsection 13.3(3) of the Criminal Code. (3) 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. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: Part IA of the Crimes Act 1914 contains provisions dealing with penalties.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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