Commonwealth Consolidated Acts

BIOLOGICAL CONTROL ACT 1984 - SECT 45

             (1)  A person appearing as a witness at an inquiry by a Commission shall not:

                     (a)  refuse or fail to be sworn or to make an affirmation; or

                     (b)  refuse or fail to answer a question that the person is required to answer by the Commissioner presiding at the inquiry; or

                     (c)  refuse or fail to produce a document that the person was required to produce by a summons under this Act served on him or her.

Penalty:  $1,000 or imprisonment for 6 months, or both.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

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

             (3)  An offence under subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .