Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 160

Failure of witness to attend

  (1)   A person served, as prescribed, with a summons to appear as a witness before the Tribunal 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 a member of the Tribunal.

  (1A)   Subsection   (1) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (1A), see subsection   13.3(3) of the Criminal Code .

  (2)   A person who contravenes subsection   (1) is guilty of an offence punishable on conviction by a fine not exceeding 20 penalty units or imprisonment for 12 months.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   Part   IA of the Crimes Act 1914 contains provisions dealing with penalties.


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