# Offence: failure to answer question

> act-s268CL — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

268CL Offence: failure to answer question
          (1) A person commits an offence if the person refuses or fails to
              comply with a requirement under section 268CK (officer on
              premises under warrant may ask questions).
               Penalty: Imprisonment for 6 months.










          (2) However, a person does not commit 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.

          (3) An offence against subsection (1) is an offence of strict liability.
               Note:      For strict liability, see section 6.1 of the Criminal Code.