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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34L

Giving information and producing things etc.

             (1)  A person must appear before a prescribed authority for questioning, in accordance with a warrant issued under this Division or a direction given under section 34K.

Penalty:  Imprisonment for 5 years.

             (2)  A person who is before a prescribed authority for questioning under a warrant issued under this Division must not fail to give any information requested in accordance with the warrant.

Penalty:  Imprisonment for 5 years.

             (3)  Subsection (2) does not apply if the person does not have the information.

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

             (4)  A person commits an offence if:

                     (a)  the person is before a prescribed authority for questioning under a warrant issued under this Division; and

                     (b)  the person makes a statement that is, to the person's knowledge, false or misleading; and

                     (c)  the statement is made in purported compliance with a request for information made in accordance with the warrant.

Penalty:  Imprisonment for 5 years.

             (5)  Subsection (4) does not apply if the statement is not false or misleading in a material particular.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).

             (6)  A person who is before a prescribed authority for questioning under a warrant issued under this Division must not fail to produce any record or thing that the person is requested in accordance with the warrant to produce.

Penalty:  Imprisonment for 5 years.

             (7)  Subsection (6) does not apply if the person does not have possession or control of the record or thing.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code ).

             (8)  For the purposes of subsections (2) and (6), the person may not fail:

                     (a)  to give information; or

                     (b)  to produce a record or thing;

in accordance with a request made of the person in accordance with the warrant, on the ground that the information, or production of the record or thing, might tend to incriminate the person or make the person liable to a penalty.

             (9)  However, the following are not admissible in evidence against the person in criminal proceedings other than proceedings for an offence against this section:

                     (a)  anything said by the person, while before a prescribed authority for questioning under a warrant, in response to a request made in accordance with the warrant for the person to give information;

                     (b)  the production of a record or thing by the person, while before a prescribed authority for questioning under a warrant, in response to a request made in accordance with the warrant for the person to produce a record or thing.

           (10)  A person commits an offence if:

                     (a)  the person has, in accordance with a warrant issued under this Division, been requested to produce a record or thing; and

                     (b)  the person engages in conduct; and

                     (c)  as a result of the conduct, the record or thing is unable to be produced, or to be produced in wholly legible or usable form.

Penalty:  Imprisonment for 5 years.



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