Commonwealth Consolidated Acts Commonwealth Consolidated ActsOffence where person under review is an individual other than a practitioner
(1) An individual commits an offence if:
(a) the individual is a person under review; and
(b) the individual is not a practitioner; and
(c) the individual is given a notice under section 102 requiring the individual to appear at a hearing and give evidence to the Committee; and
(i) fails to appear at the hearing; or
(ii) appears at the hearing but refuses or fails to give evidence or to answer a question that the individual is asked by a Committee member in the course of the hearing.
(2) Subsection (1) does not apply if paragraphs 104(5)(a) and (b) apply to the individual.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
(3) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Offence where person under review is a body corporate
(4) A body corporate commits an offence if:
(a) the body is a person under review; and
(b) the body is given a notice under section 102 requiring the body to cause an executive officer of the body to appear at a hearing and give evidence to the Committee; and
(c) the body fails to cause an executive officer to:
(ii) give evidence at the hearing; or
(iii) answer a question asked by a Committee member in the course of the hearing.
(5) Subsection (4) does not apply if:
(a) the body has only one executive officer; and
(b) paragraphs 104A(4)(b) and (c) apply to the officer.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
(6) An offence under subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code
.