s 41
In forceFailing to comply with notice
Part 4Obtaining, using and protecting information
Division 2Power to require information
41 Failing to comply with notice
(1)
A person contravenes this subsection if:
(a)
the person is given a notice under section 39; and
(b)
the person is not an Australian government entity or official; and
(c)
the person fails to comply with a requirement of the notice.
Civil penalty: 30 penalty units.
Exception—reasonable excuse
(2)
However, 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 this subsection: see section 96 of the Regulatory Powers Act.
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