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DEFENCE ACT 1903 - SECT 61CZ Refusal to be sworn or to answer questions etc.

DEFENCE ACT 1903 - SECT 61CZ

Refusal to be sworn or to answer questions etc.

  (1)   A person commits an offence if the person:

  (a)   is required to produce a document by a summons under paragraph   61CQ(c) served on the person; and

  (b)   refuses or fails to do so.

Penalty:   Imprisonment for 6 months.

  (2)   In paragraph   ( 1)(a), strict liability applies to the physical element of circumstance, that the summons is under paragraph   61CQ(c).

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

  (3)   A person commits an offence if the person:

  (a)   is appearing before a Conscientious Objection Tribunal to give evidence; and

  (b)   is required under paragraph   61CQ(d) either to take an oath or to make an affirmation; and

  (c)   refuses or fails to comply with the requirement.

Penalty:   Imprisonment for 6 months.

  (4)   In paragraph   ( 3)(b), strict liability applies to the physical element of circumstance, that the requirement is under paragraph   61CQ(d).

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

  (5)   A person commits an offence if the person:

  (a)   is appearing before a Conscientious Objection Tribunal to give evidence; and

  (b)   is required to answer a question by the presiding member; and

  (c)   refuses or fails to answer the question.

Penalty:   Imprisonment for 6 months.

  (6)   Subsections   ( 1), (3) and (5) do not apply if the person has a reasonable excuse.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   ( 6). See subsection   13.3(3) of the Criminal Code .

  (7)   A person commits an offence if the person:

  (a)   is appearing before a Conscientious Objection Tribunal to give evidence; and

  (b)   gives evidence that is false or misleading in a material particular; and

  (c)   knows that the evidence is false or misleading in the material particular.

Penalty:   Imprisonment for 6 months.