Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58

  (1)   A person duly served with a summons to appear as a witness before the Court 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 the Court.

Penalty:   Imprisonment for 6 months.

  (1A)   Subsection   (1) is an offence of strict liability.

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

  (2)   A person appearing as a witness before the Court shall not:

  (a)   refuse or fail to be sworn or to make an affirmation;

  (b)   refuse or fail to answer a question that he or she is required by the Court to answer; or

  (c)   refuse or fail to produce a book or document that he or she is required by the Court or by a summons issued from the Court to produce.

Penalty:   Imprisonment for 6 months.

  (2A)   Subsections   (1) and (2) do not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2A) (see subsection   13.3(3) of the Criminal Code ).

  (3)   Nothing in this section limits the power of the Court to punish persons for contempt of the Court, but a person shall not be punished under this section and for contempt of the Court in respect of the same act or omission.