Commonwealth Consolidated Acts

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Failure to provide actuarial or statistical data

             (1)  Where a person has engaged in an act of discrimination that would, apart from subsection 41(1), be unlawful, the President or the Commission may, by notice in writing served on the person as prescribed, require the person, within 28 days after service of the notice on the person, to disclose to the President or to the Commission, as the case may be, the source of the actuarial or statistical data on which the act of discrimination was based and, where the President or the Commission, as the case may be, makes such a requirement of a person, the person shall not fail to comply with the requirement.

Penalty:  10 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable 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)  Subsection (1) is an offence of strict liability.

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

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