36Refusal to be sworn or to answer question

##### 36 Refusal to be sworn or to answer question (1) A person appearing as a witness at an inquiry shall not, without reasonable excuse: (a) refuse or fail to be sworn or to make an affirmation; (b) refuse or fail to answer a question that he or she is required to answer by the member presiding at the inquiry; or (c) refuse or fail to produce a document that he or she was required to produce by a summons under this Part served on him or her. Penalty: 10 penalty units. > Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914. > Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) It is a reasonable excuse for the purposes of paragraph (1)(b) for a person to refuse or fail to answer a question on the ground that the answer might tend to incriminate the person or to expose the person to a penalty. (3) It is a reasonable excuse for the purposes of paragraph (1)(c) for a person to refuse or fail to produce a document on the ground that the production of the document might tend to incriminate the person or to expose the person to a penalty. (4) Subsections (2) and (3) do not limit what is a reasonable excuse for the purposes of paragraphs (1)(b) and (c). > Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).