Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 86

             (1)  A person is guilty of an offence if:

                     (a)  the person has been served with a summons under the Defence Force Discipline Act 1982 to appear as a witness before a service tribunal; and

                     (b)  the person:

                              (i)  fails to appear as required by the summons; or

                             (ii)  fails to appear and report himself or herself from day to day and has not been excused or released by the tribunal from further attendance.

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

             (2)  An offence under this section is an offence of strict liability.

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

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