353JOffence—failure to take an oath, make an affirmation or answer a question etc.

353J  Offence—failure to take an oath, make an affirmation or answer a question etc.  (a) the person is required under section 352P to take an oath or make an affirmation; and  (b) the person fails to comply with the requirement.  (a) the person appears as a witness before the Board; and  (b) the Board member presiding at the proceeding has required the person to answer a question; and  (c) the person fails to answer the question.  (3) A person commits an offence if:  (a) the person has been served with a summons under section 352Q; and  (b) the summons required the person to produce a document; and  (c) the person fails to comply with the requirement.  (4) An offence against subsection (1), (2) or (3) is an offence of strict liability.  (5) Subsections (1), (2) and (3) do 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.