Document ID: chunk:federal_register_of_legislation:C2025C00176:section:86
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 86
Character Range: 269522–270365

86  Failure of witness to appear
 (1) A person commits 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: Imprisonment for 6 months or 10 penalty units, 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.