Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 60FC

  (1)   An entity that is given a carbon tax removal substantiation notice must comply with it within the applicable compliance period for the notice.

  (2)   The applicable compliance period for a carbon tax removal substantiation notice is:

  (a)   the period of 21 days specified in the notice; or

  (b)   if the period for complying with the notice has been extended under section   60FB--the period as so extended;

and includes (if an application has been made under section   60FB for an extension of the period for complying with the notice) the period up until the time when the applicant is given notice of the Commission's decision on the application.

  (3)   An entity commits an offence if:

  (a)   the entity is subject to a requirement under subsection   (1); and

  (b)   the entity is capable of complying with the requirement; and

  (c)   the entity omits to do an act; and

  (d)   the omission breaches the requirement.

Penalty:   200 penalty units.

  (4)   Subsection   (3) is an offence of strict liability.

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

  (5)   If subsection   (3) of this section applies to an individual (whether or not because of subsection   6(2)), subsection   (3) of this section has effect, in relation to the individual, as if the reference to 200 penalty units were a reference to 40 penalty units.

  (6)   If subsection   (1) of this section applies to an individual (whether or not because of subsection   6(2)), the individual is excused from giving information or producing a document in accordance with a carbon tax removal substantiation notice on the ground that the information or the production of the document might tend to incriminate the individual or expose the individual to a penalty.