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BROADCASTING SERVICES ACT 1992 - SECT 202

Non - compliance with requirement to give evidence

  (1)   A person required to give evidence or to produce documents at a hearing must not:

  (a)   fail to attend as required by the notice; or

  (b)   fail to appear and report from day to day unless excused or released from further attendance.

Penalty:   Imprisonment for one year.

  (1A)   A person required to give evidence or to produce documents at a hearing must not:

  (a)   fail to attend as required by the notice; or

  (b)   fail to appear and report from day to day unless excused or released from further attendance.

  (1B)   Subsection   (1A) is a civil penalty provision.

  (2)   A person required to answer a question, to give evidence or to produce documents under this Part must not:

  (a)   when required to take an oath or make an affirmation, refuse or fail to take the oath or make the affirmation; or

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

  (c)   refuse or fail to produce a document that the person is required to produce.

Penalty:   Imprisonment for one year.

  (2AA)   A person required to answer a question, to give evidence or to produce documents under this Part must not:

  (a)   when required to take an oath or make an affirmation, refuse or fail to take the oath or make the affirmation; or

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

  (c)   refuse or fail to produce a document that the person is required to produce.

  (2AB)   Subsection   (2AA) is a civil penalty provision.

  (2A)   Subsections   (1), (1A), (2) and (2AA) do not apply if the person has a reasonable excuse.

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

  (2B)   A person who wishes to rely on subsection   (2A) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.

  (3)   For the avoidance of doubt, it is declared that it is a reasonable excuse for a person to refuse to answer a question or to produce a document if the answer to the question or the production of the document would tend to incriminate the person.

  (4)   It is a reasonable excuse for a person to refuse to answer a question or to produce a document if:

  (a)   the person is a journalist; and

  (b)   the answer to the question or the production of the document would tend to disclose the identity of a person who supplied information in confidence to the journalist; and

  (c)   the information has been used for the purposes of:

  (i)   a television or radio program; or

  (ii)   datacasting content.

  (5)   For the purposes of this section, journalist means a person engaged in the profession or practice of reporting for, photographing, editing, recording or making:

  (a)   television or radio programs; or

  (b)   datacasting content;

of a news, current affairs, information or documentary character.


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