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StatuteFederal Circuit and Family Court of Australia Act 2021

Section 200 — Federal Circuit and Family Court of Australia Act 2021: Offences by witness

Text of the provision Official document

(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.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.