#### 46 Failure of witness to attend (1) A person served with a summons to appear as a witness at an inquiry shall not: (a) fail to attend as required by the summons; or (b) fail to attend and report from day to day. Penalty: 10 penalty units or imprisonment for 6 months, or both. (2) Subsection (1) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) Paragraph (1)(b) does not apply if the person is excused, or released from further attendance, by the Commissioner conducting the inquiry. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

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