Commonwealth Consolidated Acts

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ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 62

Refusal to be sworn or to answer questions

Oath or affirmation

             (1)  A person commits an offence if:

                     (a)  the person appears as a witness before the Tribunal; and

                     (b)  the person has been required under section 40 either to take an oath or make an affirmation; and

                     (c)  the person fails to comply with the requirement.

Penalty:  Imprisonment for 12 months or 60 penalty units, or both.

Questions

             (3)  A person commits an offence if:

                     (a)  the person appears as a witness before the Tribunal; and

                     (b)  the member presiding at the proceeding has required the person to answer a question; and

                     (c)  the person fails to answer the question.

Penalty:  Imprisonment for 12 months or 60 penalty units, or both.

             (4)  Subsection (3) does not apply if answering the question might tend to incriminate the person.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).



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