Defence (Inquiry) Regulations 1985
32Duties of witnesses
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32 Duties of witnesses
(a) the person is served with a summons to appear before a Board of Inquiry; and
(b) a reasonable amount for the costs of the person’s conveyance to appear before the Board has been tendered to the person; and
(1AA) A person is guilty of an offence if: (a) the person is served with a summons to appear before a Board of Inquiry; and (b) a reasonable amount for the costs of the person’s conveyance to appear before the Board has been tendered to the person; and
(1A) An offence against subregulation (1) or (1AA) is an offence of strict liability.
(1B) It is a defence to a prosecution for an offence against subregulation (1) or (1AA) if: (a) the person has been excused by the President of the Board 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 (1B) (see section 13.3 of the Criminal Code).
(2) A person is guilty of an offence if the person: (a) appears before a Board of Inquiry; and (b) is called upon by the President of the Board to be sworn or to make an affirmation; and
(2A) A person is guilty of an offence if the person: (a) appears before a Board of Inquiry; and (b) is called upon by the President of the Board to be sworn or to make an affirmation; and
(2B) An offence against subregulation (2A) is an offence of strict liability.
(2C) It is a defence to a prosecution for an offence against subregulation (2) or (2A) 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 (2C) (see section 13.3 of the Criminal Code).
(3) A person is guilty of an offence if: (i) a member of the Board; or (ii) a legal practitioner appointed to assist the Board; or (c) the President of the Board requires the person to answer the question.
(3A) A person is guilty of an offence if: (i) a member of the Board; or (ii) a legal practitioner appointed to assist the Board; or (c) the President of the Board requires the person to answer the question.
(3B) An offence against subregulation (3A) is an offence of strict liability.
(3C) It is a defence to a prosecution for an offence against subregulation (3) or (3A) 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 (3C) (see section 13.3 of the Criminal Code).