Document ID: chunk:federal_register_of_legislation:C2004C01254:clause:3_35
Version: federal_register_of_legislation:C2004C01254
Segment Type: clause
Provision Reference: sch 3 cl 35
Character Range: 64252–65103

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: $3,000.

 (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).