Document ID: chunk:federal_register_of_legislation:C2024C00723:section:200
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 200
Character Range: 233087–234690

200  Offences by witness
 (1) A person commits an offence if:
 (a) the person has been duly served with a subpoena or summons to appear as a witness before the Federal Circuit and Family Court of Australia (Division 2); and
 (b) the person:
 (i) fails to attend as required by the subpoena or summons; or
 (ii) fails to appear and report from day to day unless excused, or released from further attendance, by the Court.
Penalty: Imprisonment for 6 months.
 (2) A person commits an offence if the person, while appearing as a witness before the Federal Circuit and Family Court of Australia (Division 2):
 (a) refuses or fails to be sworn or to make an affirmation; or
 (b) refuses or fails to answer a question that the person is required by the Court to answer; or
 (c) refuses or fails to produce a document that the person is required by the Court or by a subpoena or summons issued from the Court to produce.
Penalty: Imprisonment for 6 months.
 (3) This section does not limit the power of the Federal Circuit and Family Court of Australia (Division 2) to punish persons for contempt of the Court, but a person must not be punished under this section and for contempt of the Court in respect of the same act or omission.
Note: See also Division 13A of Part VII, and Parts XIII and XIIIA, of the Family Law Act 1975 in relation to family law or child support proceedings.
 (4) Chapter 2 of the Criminal Code applies to all offences against this section.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

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