Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who is a defence member or a defence civilian commits an offence if:
(a) the person has been served, as provided for by the rules of procedure, with a summons to appear, or has been ordered to appear, as a witness before a service tribunal; and
(b) the person:
(i) fails to appear as required by the summons or order; or
(ii) fails to appear and report himself or herself from day to day and has not been excused or released by the tribunal from further attendance.
Maximum punishment: Imprisonment for 6 months.
(2) A person who is a defence member or a defence civilian commits an offence if the person is appearing as a witness before a service tribunal and the person:
(a) refuses or fails to take an oath or make an affirmation when lawfully required to do so; or
(b) refuses or fails to answer a question that the person is lawfully required to answer by the tribunal; or
(c) refuses or fails to produce a document that the person was required to produce by a summons served on the person, as provided for by the rules of procedure, or by an order.
Maximum punishment: Imprisonment for 6 months.
(3) It is a defence to a charge under subsection (1) or (2) if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code .
(4) A person who is a defence member or a defence civilian commits an offence if the person:
(a) insults a member of a court martial, a judge advocate, a Defence Force magistrate or a summary authority in or in relation to the exercise of his or her powers or functions as such a member, judge advocate, magistrate or authority; or
(b) interrupts the proceedings of a service tribunal; or
(c) creates a disturbance or takes part in creating or continuing a disturbance in or near a place where a service tribunal is sitting; or
(d) engages in any other conduct that would, if a service tribunal were a court of record, constitute a contempt of that court.
Maximum punishment: Imprisonment for 6 months.
(5) If an offence under subsection (4) is committed by a person in relation to a service tribunal that is a court martial or a Defence Force magistrate, during proceedings before the tribunal, the tribunal, if it considers it expedient to do so, may then and there order that the person be taken into custody and call on the person to show cause why the person should not be convicted of the offence.
(6) If a service tribunal convicts a person under subsection (5), the maximum punishment for the offence is detention for 21 days.
(7) An offence under this section is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .