CRIMES ACT 1914

Part III - Offences relating to the administration of justice  

Division 3 - Evidence and witnesses  

SECTION 40   PREVENTING WITNESSES FROM ATTENDING COURT  

40(1)  
A person (the first person ) commits an offence if:


(a) another person has been subpoenaed or summoned to attend as a witness in a judicial proceeding; and


(b) the first person prevents the other person from attending as a witness, or from producing anything in evidence, pursuant to the subpoena or summons; and


(c) the judicial proceeding is a federal judicial proceeding.

Penalty: Imprisonment for 1 year.

40(2)  
Absolute liability applies to the paragraph (1)(c) element of the offence.

Note:

For absolute liability, see section 6.2 of the Criminal Code .




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