Document ID: chunk:federal_register_of_legislation:C2025C00167:section:264a
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 264A
Character Range: 795331–796941

264A  Failure of person to attend before the Court etc.
 (1) This section applies to a person who:
 (a) is served, whether before or after the commencement of this subsection, with a summons under this Act to attend for examination under a provision of this Act (other than section 81), or to appear as a witness before the Court, and is tendered a reasonable sum for expenses; or
 (b) is not a relevant person within the meaning of section 81 but is served, whether before or after the commencement of this section, with a summons to attend for examination under that section and is tendered a reasonable sum for expenses; or
 (c) is a relevant person within the meaning of section 81 and is served, on or after the commencement of this section, with a summons to attend for examination under that section.
 (1A) A person to whom this section applies must not, after the commencement of this section:
 (a) fail to attend as required by the summons served on the person; or
 (b) fail to appear and report from day to day, unless excused or released from further attendance by the Court, the Registrar or the magistrate, as the case may be.
Penalty: Imprisonment for 6 months.
 (1B) Subsection (1A) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).
 (2) Nothing in this section limits the power of the Court to punish persons for contempt of court, but a person shall not be punished under this section and for contempt of court in respect of the same act or omission.