Criminal Property Forfeiture Act 2002

If an owner of restrained property who is or is to be examined in connection with the property under an examination order fails to comply with the order or the examiner's requirements under the order:

the owner is not entitled to file an objection to the restraint of the property; and

if the owner has already filed an objection – the objection is of no effect; and

the owner commits an offence.

A person convicted of an offence against subsection (1) is liable to a maximum penalty of 1 000 penalty units or an amount equal to the value of the property, whichever is greater, or imprisonment for 5 years.

If a person who is or is to be examined under an examination order in connection with another person's wealth, liabilities, income or expenditure fails to comply with the order or the examiner's requirements under the order, the person commits an offence.

Without limiting subsection (1) or (3), a person who is examined under an examination order fails to comply with the order for the respective subsection if:

the person fails to disclose material information, or gives false information or a false document, in purported compliance with the order; and

the person was aware, or could reasonably have been expected to have been aware, that the information was material or that the information or document was false.

A person is not excused from complying with an examination order or the examiner's requirements under the order on the grounds that complying with the order:

would tend to incriminate the person or expose him or her to a penalty; or

could result in the forfeiture of property.

A person is not excused from complying with an examination order on the grounds that complying with the order would be in breach of an obligation of the person not to disclose information, or not to disclose the existence or contents of a document, whether the obligation arose under an Act or otherwise.

A statement or disclosure made by a person in the course of complying with an examination order is admissible as evidence against the person:

in a proceeding against the person for an offence against this section; and

in any civil proceeding; and

in any proceeding under this Act that could lead to the forfeiture of property owned, effectively controlled or given away by the person, but only for facilitating the identification of such property.