Failure to answer questions or produce documents
135C Failure to answer questions or produce documents
A person commits an offence if:
the person is subject to a requirement under subsection 135B(2); and
the person fails to comply with the requirement.
Penalty:
if the person is a body corporate—150 penalty units; or
if the person is not a body corporate—30 penalty units.
A person is not excused from:
answering a question; or
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.
However, in the case of an individual:
the answer, or the document produced; and
giving the answer, or producing the document;
are not admissible in evidence against the individual in any criminal proceedings other than:
proceedings for any offence against subsection (1); or
proceedings for an offence based on the answer or document being false or misleading; or
proceedings for an offence based on the obstruction of public officials.
Subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
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