Administrative Appeals Tribunal Act 1975

PART VI - MISCELLANEOUS  

SECTION 62   REFUSAL TO BE SWORN OR TO ANSWER QUESTIONS  

62(1)   Oath or affirmation.  

A person commits an offence if:


(a) the person appears as a witness before the Tribunal; and


(b) the person has been required under section 40 either to take an oath or make an affirmation; and


(c) the person fails to comply with the requirement.

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

62(2)  
(Repealed by No 60 of 2015)

62(3)   Questions.  

A person commits an offence if:


(a) the person appears as a witness before the Tribunal; and


(b) the member presiding at the proceeding has required the person to answer a question; and


(c) the person fails to answer the question.

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

62(4)  


Subsection (3) 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 (4) (see subsection 13.3(3) of the Criminal Code ).

62(5)  
(Repealed by No 60 of 2015)

62(6)  
(Repealed by No 60 of 2015)


 

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