Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person has been duly served with a subpoena or summons to appear as a witness before the Federal Circuit and Family Court of Australia (Division 2); and
(b) the person:
(i) fails to attend as required by the subpoena or summons; or
(ii) fails to appear and report from day to day unless excused, or released from further attendance, by the Court.
Penalty: Imprisonment for 6 months.
(2) A person commits an offence if the person, while appearing as a witness before the Federal Circuit and Family Court of Australia (Division 2):
(a) refuses or fails to be sworn or to make an affirmation; or
(b) refuses or fails to answer a question that the person is required by the Court to answer; or
(c) refuses or fails to produce a document that the person is required by the Court or by a subpoena or summons issued from the Court to produce.
Penalty: Imprisonment for 6 months.
(3) This section does not limit the power of the Federal Circuit and Family Court of Australia (Division 2) to punish persons for contempt of the Court, but a person must not be punished under this section and for contempt of the Court in respect of the same act or omission.
Note: See also Division 13A of Part VII, and Parts XIII and XIIIA, of the Family Law Act 1975 in relation to family law or child support proceedings.
(4) Chapter 2 of the Criminal Code applies to all offences against this section.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.