Commonwealth Consolidated Acts

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Failure to answer questions or produce documents

  (1)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   135B(2); and

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


  (a)   if the person is a body corporate--150 penalty units; or

  (b)   if the person is not a body corporate--30 penalty units.

  (2)   A person is not excused from:

  (a)   answering a question; or

  (b)   producing a document;

as required under subsection   135B(2) on the ground that the answer, or production of the document, might tend to incriminate the person or expose the person to a penalty.

  (3)   However, in the case of an individual:

  (a)   the answer, or the document produced; and

  (b)   giving the answer, or producing the document;

are not admissible in evidence against the individual in any criminal proceedings other than:

  (c)   proceedings for any offence against subsection   (1); or

  (d)   proceedings for an offence based on the answer or document being false or misleading; or

  (e)   proceedings for an offence based on the obstruction of public officials.

  (4)   Subsection   (1) is an offence of strict liability.

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

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