Commonwealth Consolidated Acts

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FISHERIES MANAGEMENT ACT 1991 - SECT 153

Refusal to be sworn or to answer questions etc.

  (1)   A person appearing before the Panel to give evidence must not:

  (a)   when required under section   146 either to take an oath or to make an affirmation--refuse or fail to comply with the requirement; or

  (b)   refuse or fail to answer a question that the person is required to answer by the Panel.

Penalty:   30 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 .

  (1B)   In paragraph   (1)(a), strict liability applies to the physical element of circumstance, that the requirement is under section   146.

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

  (2)   A person must not refuse or fail to produce a document that a person is required to produce by a summons under section   146 served on the person as prescribed.

Penalty:   30 penalty units.

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

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

  (2B)   In subsection   (2), strict liability applies to the physical element of circumstance, that the requirement is under section   146.

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

  (3)   A person appearing before the Panel to give evidence must not intentionally give evidence, knowing that it is false or misleading in a material particular.

Penalty:   Imprisonment for 6 months.



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