Offence not to comply with notice to produce
81A Offence not to comply with notice to produce
A person given a notice to produce under section 79 must comply with the notice unless the person has a reasonable excuse.Maximum penalty—85 penalty units or 1 year’s imprisonment.
Note—If a claim of reasonable excuse based on privilege is made, the claim is dealt with under chapter 4A, part 6.
A person does not commit an offence against subsection (1) if the person has made a claim of reasonable excuse based on privilege and 1 of the following applies—
the commission withdraws the requirement the subject of the notice to produce;
the commission is ordered by the Supreme Court to withdraw the requirement the subject of the notice to produce.
It is not a reasonable excuse for subsection (1) that complying with the notice to produce might tend to incriminate the person.
Note—If a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A, part 6.
This Act’s bill:Explanatory memorandum
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