s 69ENB

Failure to comply with substantiation notice

In force

(1)

A person contravenes this section if:

(a)

the person is given a notice under section 69EN; and

(b)

the person fails to comply with the notice:

(i)

within the period specified in the notice; or

(ii)

if the APVMA has allowed the person further time under subsection 69ENA(3)—within such further time.

(2)

Subsection (1) does not apply if:

(a)

the person is an individual; and

(b)

the person refuses or fails to give particular information or produce a particular document in compliance with a substantiation notice; and

(c)

the information, or production of the document, might tend to incriminate the individual or to expose the individual to a penalty.

(3)

A person commits an offence if the person contravenes subsection (1).

Penalty: 50 penalty units.

Note:

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

(4)

Subsection (1) is a civil penalty provision.

Note 1:

Division 1 of this Part provides for pecuniary penalties for contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the matter in subsection (2), see section 69EJP.

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