Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 161

  (1)   A person appearing as a witness before the Tribunal shall not:

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

  (b)   refuse or fail to answer a question that he or she is required to answer by the member presiding at the proceedings; or

  (c)   refuse or fail to produce a document that he or she was required to produce by a summons under this Act served on him or her as prescribed.

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

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (1A), see subsection   13.3(3) of the Criminal Code .

  (2)   It is a reasonable excuse for an individual to refuse or fail to answer a question that he or she is required to answer under this section that the answer to the question may tend to incriminate him or her.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (2), see subsection   13.3(3) of the Criminal Code .

  (3)   A person who contravenes subsection   (1) is guilty of an offence punishable on conviction by a fine not exceeding 20 penalty units or imprisonment for 12 months.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   Part   IA of the Crimes Act 1914 contains provisions dealing with penalties.