Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Repeal the section, substitute:

61 Failure to comply with summons

(1) A person commits an offence if:

(a) the person is given, in accordance with any applicable regulations or directions, a summons referred to in section 40A; and

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

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(2) Subsection (1) does not apply if complying with the summons might tend to incriminate the person.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).