Section 95U — Competition and Consumer Act 2010: Refusal to be sworn or to answer question

(1) A person appearing as a witness at an inquiry must not: (a) refuse or fail to swear an oath or to make an affirmation if required to do so by: (i) in an inquiry by the Commission—a member of the Commission; or (ii) in an external inquiry—the person presiding at the inquiry; or (b) refuse or fail to answer a question that he or she is required to answer by the inquiry Chair; or (c) refuse or fail to produce a document that he or she was required to produce by a summons under this Part given to him or her. Penalty: 10 penalty units. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) It is a reasonable excuse for the purposes of subsection (2) for a person to refuse or fail to answer a question on the ground that the answer might tend to incriminate the person or to expose the person to a penalty. (4) It is a reasonable excuse for the purposes of subsection (2) for a person to refuse or fail to produce a document on the ground that the production of the document might tend to incriminate the person or to expose the person to a penalty. (5) Subsections (3) and (4) do not limit what is a reasonable excuse for the purposes of subsection (2).