105AAFailing to appear, give evidence or answer a question—offence for other persons under review

105AA Failing to appear, give evidence or answer a question—offence for other persons under review

Offence where person under review is an individual other than a practitioner (1) An individual commits an offence if: (a) the individual is a person under review; and (b) the individual is not a practitioner; and (c) the individual is given a notice under section 102 requiring the individual to appear at a hearing and give evidence to the Committee; and (d) the individual: (i) fails to appear at the hearing; or (ii) appears at the hearing but refuses or fails to give evidence or to answer a question that the individual is asked by a Committee member in the course of the hearing.

Penalty: 30 penalty units.

(2) Subsection (1) does not apply if paragraphs 104(5)(a) and (b) apply to the individual.

Note: The defendant bears an evidential burden in relation to the matters in this subsection. 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.

Offence where person under review is a body corporate (4) A body corporate commits an offence if: (a) the body is a person under review; and (b) the body is given a notice under section 102 requiring the body to cause an executive officer of the body to appear at a hearing and give evidence to the Committee; and (c) the body fails to cause an executive officer to: (i) appear at the hearing; or (ii) give evidence at the hearing; or (iii) answer a question asked by a Committee member in the course of the hearing.

Penalty: 150 penalty units.

(5) Subsection (4) does not apply if: (a) the body has only one executive officer; and (b) paragraphs 104A(4)(b) and (c) apply to the officer.

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

(6) An offence under subsection (4) is an offence of strict liability.

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