Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 134

  (1)   A person commits an offence if:

  (a)   the person is subject to a requirement to:

  (i)   appear as a witness before the Registrar, having been offered reasonable expenses to appear; or

  (ii)   answer a question put by the Registrar; or

  (iii)   produce a document or article to the Registrar; or

  (iv)   be sworn or make an affirmation in proceedings before the Registrar; and

  (b)   the person engages in conduct; and

  (c)   the person knows or is reckless as to whether the person's conduct contravenes the requirement.

Penalty:   30 penalty units.

  (2)   Subsection   (1) does not apply if the person has a lawful excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

  (3)   A person is excused from the requirements of paragraph   (1)(a) if those requirements might tend to incriminate the person or expose the person to a penalty.

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)   In this section:

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to do an act.