Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE APPEALS ACT 1955 - SECT 45

Refusal to be sworn or give evidence

  (1)   A person appearing as a witness before the Tribunal, or before a person appointed to receive evidence on behalf of the Tribunal, shall not:

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

  (b)   refuse or fail to answer a question which the person is required to answer by a member of the Tribunal or the person appointed to receive evidence on behalf of the Tribunal, as the case may be.

Penalty:   Imprisonment for 6 months or 10 penalty units.

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

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



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