Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 95U

  (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).