Refusal to be sworn or to answer question
(1) A person appearing as a witness at an inquiry must not: (a) refuse or fail to swear an oath or to make an affirmation if required to do so by: (i) in an inquiry by the Commission—a member of the Commission; or (ii) in an external inquiry—the person presiding at the inquiry; or (b) refuse or fail to answer a question that he or she is required to answer by the inquiry Chair; or (c) refuse or fail to produce a document that he or she was required to produce by a summons under this Part given to him or her. Penalty: 10 penalty units. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) It is a reasonable excuse for the purposes of subsection (2) for a person to refuse or fail to answer a question on the ground that the answer might tend to incriminate the person or to expose the person to a penalty. (4) It is a reasonable excuse for the purposes of subsection (2) for a person to refuse or fail to produce a document on the ground that the production of the document might tend to incriminate the person or to expose the person to a penalty. (5) Subsections (3) and (4) do not limit what is a reasonable excuse for the purposes of subsection (2).
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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