Administrative Appeals Tribunal Act 1975 (Repealed)

S 61 substituted by No 60 of 2015, s 3 and Sch 1 item 135, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 61 formerly read:

SECTION 61 FAILURE TO COMPLY WITH SUMMONS  
61(1) Summons to appear as a witness.  

A person is guilty of an offence if:

(a) the person is given, as prescribed, a summons under this Act to appear as a witness before the Tribunal; and

(b) the person:

(i) fails to attend as required by the summons; or

(ii) fails to appear and report from day to day unless excused, or released from further attendance, by a member.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

61(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 ).

61(3) Summons to produce a book, document or thing.  

A person is guilty of an offence if:

(a) the person is given, as prescribed, a summons under this Act to produce a book, document or thing; and

(b) the person fails to comply with the summons.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

61(4)
Subsection (3) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).

S 61 substituted by No 38 of 2005. For transitional provisions see note under s 2A .