53Refusal to be sworn or to give evidence

53 Refusal to be sworn or to give evidence

(1) A person who is required to appear, or is appearing, at a hearing of a Commission as a witness must not: (a) refuse to be sworn or to make an affirmation; or (b) refuse to answer a question that is asked at the hearing and is relevant to the Commission’s investigation.

Penalty: Imprisonment for 6 months.

Exemption of Commonwealth judicial officer etc. (2) Subsection (1) does not apply to a person who is: (a) a Commonwealth judicial officer; or (b) a former Commonwealth judicial officer.

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