Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 184

184 Person must answer particular questions

(1) This section applies if a person being examined at a public examination refuses to answer a question put to the person.

(2) If QCAT requires the person to answer the question, QCAT must advise the person of the following—

(a) that if the answer might incriminate the person, the person may claim, before giving the answer, that giving the answer might incriminate the person;

(b) the effect that making the claim will have on the admissibility of the answer in any proceeding against the person.

(3) The person must answer the question, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—500 penalty units.

(4) It is not a reasonable excuse to fail to answer the question that answering might tend to incriminate the person.

(5) The answer is not admissible in any criminal or civil proceeding against the person, other than—

(a) the public examination of a person; or

(b) a proceeding to review a reviewable decision; or

(c) an appeal against QCAT’s decision to require the answer; or

(d) a perjury proceeding.

(6) In this section—

"perjury proceeding" means a proceeding in which the falsity or misleading nature of the answer is relevant.

"reviewable decision" means a decision of the chief executive mentioned in schedule 1 .