Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_86
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 86
Character Range: 14955–15800

86  Failure of witness to appear

 (1) A person is guilty of an offence if:
 (a) the person has been served with a summons under the Defence Force Discipline Act 1982 to appear as a witness before a service tribunal; and
 (b) the person:
 (i) fails to appear as required by the summons; or
 (ii) fails to appear and report himself or herself from day to day and has not been excused or released by the tribunal from further attendance.

Penalty: $1,000 or imprisonment for 6 months, or both.

 (2) An offence under this section is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) Subsection (1) does not apply if the person has a reasonable excuse.

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