Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_61cy
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 61CY
Character Range: 5594–6498

61CY  Failure of witness to attend

 (1) A person is guilty of an offence if:
 (a) the person is served under paragraph 61CQ(b) with a summons to appear before a Conscientious Objection Tribunal to give evidence and is tendered reasonable expenses; and
 (b) the person:
 (i) fails to attend as required by the summons; or
 (ii) fails to appear and report from day to day and has not been excused, or released from further attendance, by a member.

Penalty: Imprisonment for 6 months.

 (2) 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 (2). See subsection 13.3(3) of the Criminal Code.

 (3) In paragraph (1)(a), strict liability applies to the physical element of circumstance, that the summons is under paragraph 61CQ(b).

Note: For strict liability, see section 6.1 of the Criminal Code.