6Penalty for refusing to be sworn or to give evidence

6  Penalty for refusing to be sworn or to give evidence   If any person appearing as a witness before the Commission refuses to be sworn or to make an affirmation or to answer any question relevant to the inquiry put to him or her by any of the Commissioners, the person commits an offence. Penalty:  Imprisonment for 2 years. 6AA  Legal professional privilege  (1) It is not a reasonable excuse for the purposes of subsection 3(2B) or (5) for a person to refuse or fail to produce a document that the document is subject to legal professional privilege, unless:  (a) a court has found the document (or the relevant part of the document) to be subject to legal professional privilege; or  (b) a claim that the document (or the relevant part of the document) is subject to legal professional privilege has been made, to the member of the Commission who required production of the document:  (i) within the time that the member of the Commission, in requiring production of the document, allowed for its production; or  (ii) within such further time as the member of the Commission allows for production of the document.  (2) If such a claim is made, the member of the Commission who required production of the document may decide whether to accept or reject the claim.  (3) The member of the Commission may, by written notice served (as prescribed) on a person, require the person to produce the document for inspection (by the member of the Commission or a person authorised by the member of the Commission) for the purpose of deciding whether to accept or reject the claim.  (4) If the document has been produced for inspection and the member of the Commission decides to accept the claim, the Commission must:  (a) return the document to the person; and  (b) disregard, for the purposes of any report or decision that the Commission makes:  (i) if the claim is accepted in relation to the whole document—the whole document; or  (ii) if the claim is accepted in relation to a part of the document—that part of the document.  (5) If the document has been produced for inspection and the member of the Commission decides to reject the claim, the Commission may use the document for the purposes of the inquiry.  (6) Without limiting subsections (3) and (5), the powers of a member of a Commission, or a Commission, under section 2 apply, by force of this subsection, in relation to deciding whether to accept or reject the claim. 6AB  Offences relating to claims for legal professional privilege  (1) A person commits an offence if:  (a) the person had refused or failed to produce a document as required by a member of a Commission under section 2; and  (b) the member of the Commission has decided under subsection 6AA(2) to reject a claim that the document (or the relevant part of the document) is subject to legal professional privilege; and  (c) the person refuses or fails to produce the document as the member of the Commission requires, after that decision, under section 2.  (2) A person commits an offence if the person refuses or fails to produce a document that the person was required under subsection 6AA(3) to produce for inspection.  (4) Subsections (1) and (2) do not apply if the person has a reasonable excuse.  (5) It is not a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to produce a document that the document is subject to legal professional privilege, unless a court has found the document to be subject to legal professional privilege.  (6) It is a defence to a prosecution for an offence against this section constituted by a refusal or failure to produce a document if the document was not relevant to the matters into which the Commission was inquiring. Note: A defendant bears an evidential burden in relation to the matters in subsections (4) and (6) (see subsection 13.3(3) of the Criminal Code).  (7) The reference in subsection (6) to the matters into which the Commission was inquiring is, for a Commission that holds an authorised member hearing, a reference to the matters into which the Commission as a whole was inquiring.