Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 2 Migration amendments

Repeal the Division, substitute:

Division 7 - Part 5-reviewable decisions: offences

370 Failure to comply with summons

(1) A person commits an offence if:

(a) the person is given a summons under section 363; and

(b) the person fails to comply with the summons.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(2) Subsection (1) does not apply if complying with the summons might tend to incriminate the person.

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

371 Refusal to be sworn or to answer questions

Oath or affirmation

(1) A person commits an offence if:

(a) the person appears as a witness before the Tribunal for the purposes of a proceeding under this Part; and

(b) the person has been required under section 363 either to take an oath or to make an affirmation; and

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

Questions

(2) A person commits an offence if:

(a) the person appears as a witness before the Tribunal for the purposes of a proceeding under this Part; and

(b) the Tribunal has required the person to answer a question for the purposes of the proceeding; and

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(3) Subsection (2) does not apply if answering the question might tend to incriminate the person.

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