Defence (Inquiry) Regulations 1985
120Duties of witnesses
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120 Duties of witnesses
(a) the person is served with a summons to appear before a Commission of Inquiry; and
(b) a reasonable amount for the costs of the person’s travel to appear before the Commission has been tendered to the person; and
(2) A person is guilty of an offence if: (a) the person is served with a summons to appear before a Commission of Inquiry; and (b) a reasonable amount for the costs of the person’s travel to appear before the Commission has been tendered to the person; and
(3) An offence against subregulation (1) or (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against subregulation (1) or (2) if: (a) the person has been excused by the President of the Commission from appearing and reporting at the time and place specified in the summons or from day to day; or
Note: A defendant bears an evidential burden in relation to the matters mentioned in subregulation (4) (see section 13.3 of the Criminal Code).
(5) A person is guilty of an offence if the person: (a) appears before a Commission of Inquiry; and (b) is called upon by the President of the Commission to be sworn or to make an affirmation; and
(6) A person is guilty of an offence if the person: (a) appears before a Commission of Inquiry; and (b) is called upon by the President of the Commission to be sworn or to make an affirmation; and
(7) An offence against subregulation (6) is an offence of strict liability.
(8) It is a defence to a prosecution for an offence against subregulation (5) or (6) if the person has a reasonable excuse for refusing or failing to be sworn or to make an affirmation.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subregulation (8) (see section 13.3 of the Criminal Code).
(9) A person is guilty of an offence if: (i) a member of the Commission; or (ii) a legal practitioner appointed to assist the Commission; or (c) the President of the Commission requires the person to answer the question.
(10) A person is guilty of an offence if: (i) a member of the Commission; or (ii) a legal practitioner appointed to assist the Commission; or (c) the President of the Commission requires the person to answer the question.
(11) An offence against subregulation (10) is an offence of strict liability.
(12) It is a defence to a prosecution for an offence against subregulation (9) or (10) if the person has a reasonable excuse for refusing or failing to answer the question.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subregulation (12) (see section 13.3 of the Criminal Code).