65Offences by witness

65 Offences by witness

(1) A person commits an offence if: (a) the person has been duly served with a subpoena or summons to appear as a witness before the Federal Circuit Court of Australia; and (b) the person: (i) fails to attend as required by the subpoena or summons; or (ii) fails to appear and report himself or herself from day to day unless excused, or released from further attendance, by the Federal Circuit Court of Australia.

Penalty: Imprisonment for 6 months.

(2) A person commits an offence if the person, while appearing as a witness before the Federal Circuit Court of Australia: (a) refuses or fails to be sworn or to make an affirmation; or (b) refuses or fails to answer a question that he or she is required by the Federal Circuit Court of Australia to answer; or (c) refuses or fails to produce a document that he or she is required by the Federal Circuit Court of Australia or by a subpoena or summons issued from the Federal Circuit Court of Australia to produce.

Penalty: Imprisonment for 6 months.

(3) This section does not limit the power of the Federal Circuit Court of Australia to punish persons for contempt of the Federal Circuit Court of Australia, but a person must not be punished under this section and for contempt of the Federal Circuit Court of Australia in respect of the same act or omission.

Note: See also Division 13A of Part VII, and Parts XIII and XIIIA, of the Family Law Act 1975 in relation to family law or child support proceedings.

(4) Chapter 2 of the Criminal Code applies to all offences against this section.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.