CTHIn ForceAct
Independent National Security Legislation Monitor Act 2010
25Offences
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#### 25 Offences
Failure to attend hearing
(1) A person commits an offence if:
(a) the person is served with a notice to attend a hearing; and
(b) the person fails to attend as required by the notice.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
Failure to swear an oath, make an affirmation or answer a question
(2) A person commits an offence if:
(a) the person is served with a notice to attend a hearing; and
(b) either:
(i) the person fails to be sworn or to make an affirmation at the hearing; or
(ii) the person fails to answer a question at the hearing that the Independent National Security Legislation Monitor requires the person to answer.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
Failure to produce a document or thing
(3) A person commits an offence if:
(a) the person receives a notice to produce a document or thing specified in the notice; and
(b) the person fails to produce the document or thing that the person was required to produce.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
Failure to provide information
(4) A person commits an offence if:
(a) the person receives a notice to provide information specified in the notice; and
(b) the person fails to provide the information that the person was required to provide.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
Exception—reasonable excuse
(5) This section does not apply if the person has a reasonable excuse.
> Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
(6) It is a reasonable excuse for a person to fail to:
(a) answer a question; or
(b) produce a document or thing; or
(c) provide information;
on the ground that to do so might tend to incriminate the person or expose the person to a penalty.