Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person is guilty of an offence if:
(a) the person is served with a summons to appear before a Board of Inquiry; and
(b) a reasonable amount for the costs of the person's conveyance to appear before the Board has been tendered to the person; and
(c) the person fails to appear and report at the time and place specified in the summons.
Penalty: 5 penalty units or imprisonment for 3 months.
(1AA) A person is guilty of an offence if:
(a) the person is served with a summons to appear before a Board of Inquiry; and
(b) a reasonable amount for the costs of the person's conveyance to appear before the Board has been tendered to the person; and
(c) the person fails to appear and report from day to day.
Penalty: 5 penalty units or imprisonment for 3 months.
(1A) An offence against subregulation (1) or (1AA) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .
(1B) It is a defence to a prosecution for an offence against subregulation (1) or (1AA) if:
(a) the person has been excused by the President of the Board from appearing and reporting at the time and place specified in the summons or from day to day; or
(b) the person has a reasonable excuse for failing to so appear and report.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (1B) (see section 13.3 of the Criminal Code ).
(2) A person is guilty of an offence if the person:
(a) appears before a Board of Inquiry; and
(b) is called upon by the President of the Board to be sworn or to make an affirmation; and
(c) refuses to be sworn or to make an affirmation.
Penalty: 5 penalty units or imprisonment for 3 months.
(2A) A person is guilty of an offence if the person:
(a) appears before a Board of Inquiry; and
(b) is called upon by the President of the Board to be sworn or to make an affirmation; and
(c) fails to be sworn or to make an affirmation.
Penalty: 5 penalty units or imprisonment for 3 months.
(2B) An offence against subregulation (2A) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .
(2C) It is a defence to a prosecution for an offence against subregulation (2) or (2A) if the person has a reasonable excuse for refusing or failing to be sworn or to make an affirmation.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2C) (see section 13.3 of the Criminal Code ).
(3) A person is guilty of an offence if:
(a) the person appears as a witness before a Board of Inquiry; and
(b) the person refuses to answer a question relevant to the inquiry put to that person by:
(i) a member of the Board; or
(ii) a legal practitioner appointed to assist the Board; or
(iii) a person who may examine a witness under regulation 55; and
(c) the President of the Board requires the person to answer the question.
Penalty: 5 penalty units or imprisonment for 3 months.
(3A) A person is guilty of an offence if:
(a) the person appears as a witness before a Board of Inquiry; and
(b) the person fails to answer a question relevant to the inquiry put to that person by:
(i) a member of the Board; or
(ii) a legal practitioner appointed to assist the Board; or
(iii) a person who may examine a witness under regulation 55; and
(c) the President of the Board requires the person to answer the question.
Penalty: 5 penalty units or imprisonment for 3 months.
(3B) An offence against subregulation (3A) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .
(3C) It is a defence to a prosecution for an offence against subregulation (3) or (3A) if the person has a reasonable excuse for refusing or failing to answer the question.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3C) (see section 13.3 of the Criminal Code ).
(4) A person is guilty of an offence if:
(a) the person appears as a witness before a Board of Inquiry; and
(b) the person has been served with a summons to produce a document or article; and
(c) the document or article:
(i) is in the custody or control of that person; and
(ii) is relevant to the inquiry; and
(d) the person refuses to produce that document or article.
Penalty: 5 penalty units or imprisonment for 3 months.
(4A) A person is guilty of an offence if:
(a) the person appears as a witness before a Board of Inquiry; and
(b) the person has been served with a summons to produce a document or article; and
(c) the document or article is:
(i) in the custody or control of that person; and
(ii) relevant to the inquiry; and
(d) the person fails to produce that document or article.
Penalty: 5 penalty units or imprisonment for 3 months.
(4B) An offence against subregulation (4A) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .
(4C) It is a defence to a prosecution for an offence against subregulation (4) or (4A) if the person has a reasonable excuse for refusing or failing to produce the document or article.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (4C) (see section 13.3 of the Criminal Code ).
(5) A person appearing as a witness before a Board of Inquiry is not excused from answering a question, when required to do so, on the ground that the answer to the question may tend to incriminate that person, except where the answer to the question:
(a) may tend to incriminate that person in respect of an offence with which that person has been charged; and
(b) the charge has not been finally dealt with by a court or otherwise disposed of.
Note At 30 June 2006, subsection 124 (2C) of the Defence Act 1903 provided: 'A statement or disclosure made by a witness in the course of giving evidence before a court of inquiry, a board of inquiry, an inquiry officer or an inquiry assistant is not admissible in evidence against that witness in:
(a) any civil or criminal proceedings in any federal court or court of a State or Territory; or
(b) proceedings before a service tribunal;
otherwise than in proceedings by way of a prosecution for giving false testimony at the hearing before the court of inquiry, the board of inquiry, the inquiry officer or the inquiry assistant.'
(6) Without limiting the circumstances that may constitute reasonable excuse for the purposes of subregulation (3C), where a person giving evidence in public before a Board of Inquiry considers, on reasonable grounds, that the answering of a question in public at the inquiry may:
(a) disclose a secret process of manufacture; or
(b) be prejudicial to the defence of the Commonwealth;
that person has a reasonable excuse for not answering that question in public at the inquiry.
(7) Without limiting the circumstances that may constitute a reasonable excuse for the purposes of subregulation (4C), where a person appearing as a witness before a Board of Inquiry considers, on reasonable grounds, that the production in public at the inquiry of a document or article may:
(a) disclose a secret process of manufacture; or
(b) be prejudicial to the defence of the Commonwealth;
that person has a reasonable excuse for not producing that document or article in public at the inquiry.