45Refusal to be sworn or to answer questions

45 Refusal to be sworn or to answer questions

(1) A person appearing as a witness at an inquiry by a Commission shall not: (a) refuse or fail to be sworn or to make an affirmation; or (b) refuse or fail to answer a question that the person is required to answer by the Commissioner presiding at the inquiry; or (c) refuse or fail to produce a document that the person was required to produce by a summons under this Act served on him or her.

Penalty: Imprisonment for 6 months or 10 penalty units, or both.

(2) Subsection (1) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

(3) An offence under subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.