Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 124M

  (1)   A person appearing as a witness at a hearing conducted by a Committee (whether summoned to appear or not) shall not:

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

  (b)   refuse or fail to answer a question that the person is required by a member of the Committee to answer; or

  (c)   refuse or fail to produce a document that the person is required to produce by a summons under section   124L.

Penalty:   10 penalty units.

  (1A)   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   (1A). See subsection   13.3(3) of the Criminal Code .

  (2)   It is a reasonable excuse for the purposes of subsection   (1A) for a person to refuse or fail to answer a question or to refuse or fail to produce a document that the answer to the question or the production of the document might tend to incriminate the person.

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

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