PART VI
-
MISCELLANEOUS
SECTION 62
REFUSAL TO BE SWORN OR TO ANSWER QUESTIONS
62(1)
Oath or affirmation.
A person commits an offence if:
(a)
the person appears as a witness before the Tribunal; and
(b)
the person has been required under section
40
either to take an oath or make an affirmation; and
(c)
the person fails to comply with the requirement.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
History
S 62(1) amended by No 60 of 2015, s 3 and Sch 1 items 136 and 137, by substituting
"
commits
"
for
"
is guilty of
"
and the penalty, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. The penalty formerly read:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
62(2)
(Repealed by No 60 of 2015)
History
S 62(2) repealed by No 60 of 2015, s 3 and Sch 1 item 138, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 62(2) formerly read:
62(2)
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 (2) (see subsection 13.3(3) of the
Criminal Code
).
62(3)
Questions.
A person commits an offence if:
(a)
the person appears as a witness before the Tribunal; and
(b)
the member presiding at the proceeding has required the person to answer a question; and
(c)
the person fails to answer the question.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
History
S 62(3) amended by No 60 of 2015, s 3 and Sch 1 items 139 and 140, by substituting
"
commits
"
for
"
is guilty of
"
and the penalty, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. The penalty formerly read:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
62(4)
Subsection (3) 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 (4) (see subsection
13.3(3)
of the
Criminal Code
).
History
S 62(4) substituted by No 60 of 2015, s 3 and Sch 1 item 141, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 62(4) formerly read:
62(4)
Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the
Criminal Code
).
62(5)
(Repealed by No 60 of 2015)
History
S 62(5) repealed by No 60 of 2015, s 3 and Sch 1 item 141, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 62(5) formerly read:
62(5)
Books, documents or things.
A person is guilty of an offence if:
(a)
the person appears as a witness before the Tribunal; and
(b)
the person has been given, as prescribed, a summons under this Act to produce a book, document or thing; and
(c)
the person fails to produce the book, document or thing.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
62(6)
(Repealed by No 60 of 2015)
History
S 62(6) repealed by No 60 of 2015, s 3 and Sch 1 item 141, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 62(6) formerly read:
62(6)
Subsection (5) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the
Criminal Code
).
History
S 62 substituted by No 38 of 2005. For transitional provisions see note under s
2A
.