Commonwealth Consolidated Acts

BIOLOGICAL CONTROL ACT 1984 - SECT 43

             (1)  A person served with a summons to appear as a witness at an inquiry by a Commission shall not:

                     (a)  fail to attend as required by the summons; or

                     (b)  fail to appear and report himself or herself from day to day unless excused or released from further attendance by or on behalf of the Commission.

Penalty:  $1,000 or imprisonment for 6 months, or both.

             (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)  An offence under subsection (1) is an offence of strict liability.

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