Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 5.09

Offences by witnesses

  (1)   A person summoned to attend before a Commissioner as a witness must not:

  (a)   fail to attend, after payment or tender to the person of a reasonable sum for expenses of attendance; or

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

  (c)   refuse to answer any question when required to do so by the Commissioner; or

  (d)   refuse or fail to produce a book or document which the person was required by the summons to produce.

Penalty:   10 penalty units.

  (2)   Paragraphs   (1)(a) and (d) do not apply if the person has a reasonable excuse.

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

  (3)   Strict liability applies to paragraph   (1)(a).


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