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NATIVE TITLE ACT 1993 - SECT 171 Failure of witness to attend

NATIVE TITLE ACT 1993 - SECT 171

Failure of witness to attend

  (1)   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:

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

  (b)   fail to appear and report from day to day, unless excused, or released from further attendance, by the Tribunal.

Penalty:   20 penalty units.

  (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)   Subsection   (1) is an offence of strict liability.

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