Commonwealth Consolidated Acts

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BIOLOGICAL CONTROL ACT 1984 - SECT 45

Refusal to be sworn or to answer questions

  (1)   A person appearing as a witness at an inquiry by a Commission shall not:

  (a)   refuse or fail to be sworn or to make an affirmation; or

  (b)   refuse or fail to answer a question that the person is required to answer by the Commissioner presiding at the inquiry; or

  (c)   refuse or fail to produce a document that the person was required to produce by a summons under this Act served on him or her.

Penalty:   Imprisonment for 6 months or 10 penalty units, or both.

  (2)   Subsection   (1) does not apply if the person has a reasonable excuse.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (2). See subsection   13.3(3) of the Criminal Code .

  (3)   An offence under subsection   (1) is an offence of strict liability.

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



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