Commonwealth Numbered Acts

JUDICIAL MISBEHAVIOUR AND INCAPACITY (PARLIAMENTARY COMMISSIONS) ACT 2012 (NO. 188, 2012) - SECT 53

             (1)  A person who is required to appear, or is appearing, at a hearing of a Commission as a witness must not:

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

                     (b)  refuse to answer a question that is asked at the hearing and is relevant to the Commission's investigation.

Penalty:  Imprisonment for 6 months.

Exemption of Commonwealth judicial officer etc.

             (2)  Subsection (1) does not apply to a person who is:

                     (a)  a Commonwealth judicial officer; or

                     (b)  a former Commonwealth judicial officer.

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