Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_61
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 61
Character Range: 87273–88488

61  Failure to comply with summons

Summons to appear as a witness

 (1) A person is guilty of an offence if:
 (a) the person is given, as prescribed, a summons under this Act to appear as a witness before the Tribunal; and
 (b) the person:
 (i) fails to attend as required by the summons; or
 (ii) fails to appear and report from day to day unless excused, or released from further attendance, by a member.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

 (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).

Summons to produce a book, document or thing

 (3) A person is guilty of an offence if:
 (a) the person is given, as prescribed, a summons under this Act to produce a book, document or thing; and
 (b) the person fails to comply with the summons.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

 (4) Subsection (3) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).