Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 86

  (1)   A person commits an offence if:

  (a)   the person has been served with a summons under the Defence Force Discipline Act 1982 to appear as a witness before a service tribunal; and

  (b)   the person:

  (i)   fails to appear as required by the summons; or

  (ii)   fails to appear and report himself or herself from day to day and has not been excused or released by the tribunal from further attendance.

Penalty:   Imprisonment for 6 months or 10 penalty units , or both.

  (2)   An offence under this section is an offence of strict liability.

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

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

Note:   The defendant bears an evidential burden in relation to the matter in subsection   ( 3). See subsection   13.3(3) of the Criminal Code .