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ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 62 Refusal to be sworn or to answer questions

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 62

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; 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.

Questions

  (3)   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.

  (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 ).