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Offence title:
Refusal to be sworn or to answer questions (reviewable decisions: offences)
Act:
433 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 427 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:
(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 receives a summons to appear and fails to do so.
Important note:
Defence: A person may refuse to comply with the summons on the grounds of self-incrimination.
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