Failure of witness to attend
171 Failure of witness to attend
A person who has been served in the prescribed way with a summons to appear before the Tribunal to give evidence and has been paid reasonable expenses must not:
fail to attend as required by the summons; or
fail to appear and report from day to day, unless excused, or released from further attendance, by the Tribunal.
Penalty: 20 penalty units.
Subsection (1) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
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