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MIGRATION ACT 1958 - SECT 371 Refusal to be sworn or to answer questions

MIGRATION ACT 1958 - SECT 371

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 for the purposes of a proceeding under this Part; and

  (b)   the person has been required under section   363 either to take an oath or to 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

  (2)   A person commits an offence if:

  (a)   the person appears as a witness before the Tribunal for the purposes of a proceeding under this Part; and

  (b)   the Tribunal has required the person to answer a question for the purposes of the proceeding; and

  (c)   the person fails to answer the question.

Penalty:   Imprisonment for 12 months or 60 penalty units, or both.

  (3)   Subsection   (2) 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   (3) (see subsection   13.3(3) of the Criminal Code).

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