Refusal to be sworn or to answer questions (at reviewable decision before the Tribunal)

Offence title:

Refusal to be sworn or to answer questions (at reviewable decision before the Tribunal)

Act:

371 Migration Act 1958

Offence:

(1) A person commits an offence if:

(a) the person appears as a witness before the Tribunal for the purposes of a proceeding under this Part; and

(b) the person has been required under section 363 either to take an oath or to make an affirmation; and

(c) the person fails to comply with the requirement

(2) A person commits an offence if:

(a) the person appears as a witness before the Tribunal for the purposes of a proceeding under this Part; and

(b) the Tribunal has required the person to answer a question for the purposes of the proceeding; and

(c) the person fails to answer the question

Penalty:

Imprisonment for 12 months, or 60 penalty units, or both.

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local Court

How committed:

A person appears before the Tribunal but refuses to promise, in the acceptable way, to tell the truth in their answers.

Important note:

Defence:

(1)   There is no defence to not taking the oath or making an affirmation.

(2)   A person may refuse to answer a question on the grounds of self-incrimination.