95URefusal to be sworn or to answer question

95U 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).