Document ID: chunk:federal_register_of_legislation:C2024C00091:section:35
Version: federal_register_of_legislation:C2024C00091
Segment Type: section
Provision Reference: s 35
Character Range: 33828–34681

35  Failure of witness to attend
 (1) A person summoned to appear as a witness before the Commission must not:
 (a) fail to attend as required by the summons; or
 (b) fail to appear and report from day to day.
Penalty: 30 penalty units.
 (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) An offence under paragraph (1)(a) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) Paragraph (1)(b) does not apply if the person is excused or released from further attendance by a member of the Commission.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).