DEFENCE ACT 1903 - SECT 61CY Failure of witness to attend

DEFENCE ACT 1903 - SECT 61CY

  (1)   A person commits 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 .