Commonwealth Consolidated Acts

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Failure of person to attend

             (1)  A person who is required by a notice under subsection 77C(1) to attend before the Official Receiver or an authorised officer and to whom an advance is offered in accordance with subsection 77E(1) must not:

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

                     (b)  fail to appear and report from day to day, unless excused or released from further attendance by the Official Receiver or authorised officer, as the case may be.

Penalty:  Imprisonment for 6 months.

             (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 ).

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