Failure to comply with disclosure notice
13C Failure to comply with disclosure notice
Failure to give information or produce documents in time
A person contravenes this subsection if:
the person is given a disclosure notice; and
the notice requires the person to:
give information; or
produce documents or things;
of a kind specified in the notice; and
the person fails to comply with the notice within the period specified in the notice.
Civil penalty: 60 penalty units.
Subsection (1) does not apply if the person gives the CEO a statutory declaration stating that:
the person does not possess the information, document or thing; and
the person has taken all reasonable steps available to the person to obtain the information, document or thing and has been unable to obtain it.
A person bears an evidential burden in relation to a matter in subsection (2) (see section 96 of the Regulatory Powers Act).
Failure to attend interview
A person contravenes this subsection if:
the person is given a disclosure notice; and
the notice requires the person to attend an interview to answer questions; and
the person fails to comply with the notice.
Civil penalty: 60 penalty units.
Failure to answer questions
A person contravenes this subsection if:
the person is given a disclosure notice; and
the notice requires the person to attend an interview to answer questions; and
the person refuses or fails to answer a question.
Civil penalty: 60 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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