Administrative Appeals Tribunal Amendment Act 2005 (38 of 2005)

Schedule 1   Amendments

Administrative Appeals Tribunal Act 1975

187   Sections 61, 62 and 62A

Repeal the sections, substitute:

61 Failure to comply with summons

Summons to appear as a witness

(1) A person is guilty of an offence if:

(a) the person is given, as prescribed, a summons under this Act to appear as a witness before the Tribunal; and

(b) the person:

(i) fails to attend as required by the summons; or

(ii) fails to appear and report from day to day unless excused, or released from further attendance, by a member.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

(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).

Summons to produce a book, document or thing

(3) A person is guilty of an offence if:

(a) the person is given, as prescribed, a summons under this Act to produce a book, document or thing; and

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

Penalty: 30 penalty units or imprisonment for 6 months, or both.

(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 Refusal to be sworn or to answer questions

Oath or affirmation

(1) A person is guilty of 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: 30 penalty units or imprisonment for 6 months, or both.

(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).

Questions

(3) A person is guilty of 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: 30 penalty units or imprisonment for 6 months, or both.

(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).

Books, documents or things

(5) 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.

(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).

62A False or misleading evidence

A person is guilty of an offence if:

(a) the person appears as a witness before the Tribunal; and

(b) the person gives evidence; and

(c) the person does so knowing that the evidence is false or misleading.

Penalty: 30 penalty units or imprisonment for 6 months, or both.