Document ID: chunk:federal_register_of_legislation:C2021C00498:section:51
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 51
Character Range: 56417–57235

51  Failure of witness to appear
 (1) A person commits an offence if:
 (a) the person has been required under a notice given under paragraph 25(1)(a) to appear at a hearing of a Commission; and
 (b) the person:
 (i) fails to appear as required by the notice; or
 (ii) fails to attend from day to day.
Penalty: Imprisonment for 6 months.
 (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).
 (3) Subparagraph (1)(b)(ii) does not apply if a member of the Commission has excused or released the person from further attendance.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).