Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 40

Preventing witnesses from attending Court

  (1)   A person (the first person ) commits an offence if:

  (a)   another person has been subpoenaed or summoned to attend as a witness in a judicial proceeding; and

  (b)   the first person prevents the other person from attending as a witness, or from producing anything in evidence, pursuant to the subpoena or summons; and

  (c)   the judicial proceeding is a federal judicial proceeding.

Penalty:   Imprisonment for 1 year.

  (2)   Absolute liability applies to the paragraph   (1)(c) element of the offence.

Note:   For absolute liability, see section   6.2 of the Criminal Code .


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