Commonwealth Numbered Acts

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EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 134

Offence: failure to answer question
(1)
A person is guilty of an offence if the person refuses or fails to comply with a requirement under section 133 (employee on premises under warrant may ask questions).

Maximum penalty: Imprisonment for 6 months.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2)
However, a person is not guilty of an offence if answering the question or giving or showing the document might tend to incriminate the person or expose the person to a penalty.

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



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