Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE APPEALS ACT 1955 - SECT 43

Failure to attend or produce documents

  (1)   A person served with a summons under this Act to attend the Tribunal, or to attend a person appointed to receive evidence on behalf of the Tribunal, shall not:

  (a)   fail to attend the Tribunal or the person so appointed; or

  (b)   fail to produce any document, book or writing in the person's custody or control which the person was required by the summons to produce.

Penalty:   Imprisonment for 6 months or 10 penalty units.

  (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)   Subsection   (1) is an offence of strict liability.

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



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