Offence to fail to comply with notice to comply
5.8.22 Offence to fail to comply with notice to comply
S. 5.8.22 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).
S. 5.8.22(1) substituted by No. 2/2025 s. 58(1).
A person or body to whom a notice to comply is issued under section 5.8.18(1) or (1A) must not fail to comply with the notice without reasonable excuse.
Penalty: In the case of a body corporate, 120 penalty units;
In any other case, 60 penalty units.
S. 5.8.22(2) amended by No. 2/2025 s. 58(2)(a).
It is a reasonable excuse for a person or body to whom a notice to comply is issued under section 5.8.18(1) or (1A) to refuse or fail to comply with the notice if the person or body—
S. 5.8.22(2)(a) amended by No. 2/2025 s. 58(2)(b).
took all actions that were reasonable for the person or body to take in the circumstances; and
S. 5.8.22(2)(b) amended by No. 2/2025 s. 58(2)(b).
believed on reasonable grounds that the person or body was unable to comply with the notice.
S. 5.8.22(3) amended by No. 2/2025 s. 58(3).
It is a reasonable excuse for a natural person to refuse or fail to comply with a notice to comply issued under section 5.8.18(1) or (1A) if taking the action specified in the notice would tend to incriminate the person.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.