62Refusal to be sworn or to answer questions

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).