43Failure of witness to attend

43 Failure of witness to attend

(1) A person served with a summons to appear as a witness at an inquiry by a Commission 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 or on behalf of the Commission.

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

(2) 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 (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.