Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

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Part IB (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 9, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:

Part 1B - Sentencing, imprisonment and release of federal offenders

Division 5 - Conditional release on parole or licence  

Subdivision B - Revocation of parole order or license  

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Subdiv B heading inserted by No 153 of 2015, s 3 and Sch 7 item 21, applicable to a decision under section 19AL made on or after 27 November 2015.

SECTION 19AZA   Disobedience of summons etc.  

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(1)    

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A person who has been served with a summons to appear before a prescribed authority must not fail to appear in obedience to the summons.

Penalty: 10 penalty units.

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S 19AZA(1) amended by No 24 of 2001, s 3 and Sch 10 items 11 and 12, by omitting ``, without reasonable excuse,'' after ``must not'' and inserting the penalty at the end. For application provisions, see note under s 3BA.

(2)    

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A person who has been served with a summons to produce a document or article to a prescribed authority shall not fail to produce the document or article.

Penalty: 10 penalty units.

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History

S 19AZA(2) amended by No 24 of 2001, s 3 and Sch 10 items 13 and 14, by omitting ``, without reasonable excuse,'' after ``shall not'' and inserting the penalty at the end. For application provisions, see note under s 3BA.

(3)    

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A person who appears before a prescribed authority shall not refuse to be sworn or make an affirmation or refuse to produce documents or articles, or to answer questions, that he or she is required by the prescribed authority to produce or answer.

Penalty: 10 penalty units.

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S 19AZA(3) amended by No 24 of 2001, s 3 and Sch 10 item 15, by omitting ``, without reasonable excuse,'' after ``shall not''. For application provisions, see note under s 3BA.

(4)    

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Subsections (1), (2) and (3) do 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 ).

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S 19AZA(4) inserted by No 24 of 2001, s 3 and Sch 10 item 16. For application provisions, see note under s 3BA.

(5)    

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Subsections (1) and (2) are offences of strict liability.

Note:

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

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History

S 19AZA(5) inserted by No 24 of 2001, s 3 and Sch 10 item 16. For application provisions, see note under s 3BA.

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