CTHRepealedAct
National Occupational Health and Safety Commission Act 1985
47Refusal to be sworn or to answer questions
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#### 47 Refusal to be sworn or to answer questions
(1) A person appearing as a witness at an inquiry shall not:
(a) refuse or fail to be sworn or to make an affirmation;
(b) refuse or fail to answer a question that the person is required to answer by the Commissioner conducting the inquiry; or
(c) refuse or fail to produce a document that the person was required to produce by a summons served on the person.
Penalty: 10 penalty units or imprisonment for 6 months, or both.
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(2) Without limiting the generality of the expression “reasonable excuse” in subsection (1A), it is a reasonable excuse for the purposes of that subsection for a person to refuse or fail to answer a question or to refuse or fail to produce a document, that the answer or the production of the document might tend to incriminate the person.