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VETERANS' ENTITLEMENTS ACT 1986 - SECT 169

Refusal to be sworn or to answer questions etc.

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

  (a)   when required in pursuance of section   151 either to take an oath or make an affirmation--fail to comply with the requirement;

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

  (c)   fail to produce a document that the person is required to produce by a summons under this Part served on the person as prescribed.

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

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

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

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

  (2)   A person appearing as a witness before the Board shall not intentionally give evidence that is false or misleading in a material particular.

Penalty for a contravention of this subsection:   Imprisonment for 12 months or 20 penalty units, or both.



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