Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 154

  (1)   A person appearing before the Registrar as a witness must not:

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

  (b)   refuse to answer questions that he or she is lawfully required to answer; or

  (c)   fail to produce any document or thing that he or she is lawfully required to produce.

Penalty:   10 penalty units.

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

  (2)   An offence under this section is an offence of strict liability.

Note 1:   The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914 ).

Note 2:   For strict liability , see section   6.1 of the Criminal Code .