Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_353h
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 353H
Character Range: 230585–231305

353H  Offence—failure of witness to attend
 (1) A person commits an offence if:
 (a) the person has been served with a summons under section 352Q to appear at a hearing; and
 (b) the person:
 (i) fails to appear as required by the summons; or
 (ii) fails to appear and report from day to day; and
 (c) has not been excused or released by the Board from further attendance.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
 (2) An offence under this section is an offence of strict liability.
 (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.