Offences in relation to investigation by General Manager
337 Offences in relation to investigation by General Manager
A person commits an offence if:
the person fails, intentionally or recklessly, to comply with a requirement under subsection 335(2):
to give information or produce a document; or
to attend before the General Manager or delegate; or
to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or
the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or
when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or
the person fails, intentionally or recklessly, to comply with:
a requirement under subsection 335D(3) to answer a question; or
a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or
a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or
a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.
Penalty: 100 penalty units or imprisonment for 2 years, or both.
Paragraphs (1)(a) and (d) do not apply to the extent that the person has a reasonable excuse.
Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.
Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).
A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.