34W

Failing to comply with a notice

Current

(1)

A person commits an offence if:

(a)

the person is given a notice under section 34R; and

(b)

the person fails to comply with the notice.

Penalty: Imprisonment for 2 years or 100 penalty units, or both.

(2)

Subsection (1) does not apply if:

(a)

the person fails to comply with the notice only because the person does not provide information or a document within the period specified in the notice; and

(b)

the person took all reasonable steps to provide the information or document within that period; and

(c)

the person provides the information or document as soon as practicable after the end of that period.

Note 1:

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

Note 2:

Sections 137.1 and 137.2 of the Criminal Code also create offences for providing false or misleading information or documents.

This Act’s bill:Second reading speech

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