Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 95U

Refusal to be sworn or to answer question

             (1)  A person appearing as a witness at an inquiry must not:

                     (a)  refuse or fail to swear an oath or to make an affirmation if required to do so by:

                              (i)  in an inquiry by the Commission--a member of the Commission; or

                             (ii)  in an external inquiry--the person presiding at the inquiry; or

                     (b)  refuse or fail to answer a question that he or she is required to answer by the inquiry Chair; or

                     (c)  refuse or fail to produce a document that he or she was required to produce by a summons under this Part given to him or her.

Penalty:  10 penalty units.

             (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 ).

             (3)  It is a reasonable excuse for the purposes of subsection (2) for a person to refuse or fail to answer a question on the ground that the answer might tend to incriminate the person or to expose the person to a penalty.

             (4)  It is a reasonable excuse for the purposes of subsection (2) for a person to refuse or fail to produce a document on the ground that the production of the document might tend to incriminate the person or to expose the person to a penalty.

             (5)  Subsections (3) and (4) do not limit what is a reasonable excuse for the purposes of subsection (2).



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