35Failure of witness to attend

##### 35 Failure of witness to attend (1) A person served with a summons to appear as a witness at an inquiry shall not, without reasonable excuse: (a) fail to attend as required by the summons; or (b) fail to appear and report himself or herself from day to day. Penalty: 10 penalty units. > Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914. > Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) Subsection (1) does not apply if the person is excused, or released from further attendance, by a member. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).