Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 128

  (1)   A person served with a summons to attend a Committee shall not, after payment to the person of reasonable expenses fail to attend the Committee or to produce the books, documents or writings in the person's custody or control which the person is required by summons to produce.

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

  (1A)   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   (1A). See subsection   13.3(3) of the Criminal Code .

  (2)   Subsection   (1) does not apply if the book, document or writing was not relevant to the matter that is the subject of the Committee's proceedings.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (2). 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 .