Offences
21X Offences
A person must not, without reasonable excuse, proof of which is on the person, hinder or obstruct the Independent Monitor or another person in exercising, or assisting in the exercise of, the powers under section 21U.
Penalty for this subsection: a fine of $50 000.
A person must not, without reasonable excuse, proof of which is on the person, fail to comply with a requirement under section 21U(3) to give information or answer a question or produce a thing.
Penalty for this subsection: a fine of $50 000.
A person must not, without reasonable excuse, proof of which is on the person, fail to provide assistance or facilities as required under section 21U(3).
Penalty for this subsection: a fine of $50 000.
Subsection (2) or (3) (as is relevant) does not apply unless, when the Independent Monitor, member of the Independent Monitor’s staff or person assisting them makes the requirement, they inform the person that a failure to comply with the requirement may constitute an offence.
A person must not, in purporting to comply with a requirement under section 21S, 21T or 21U(3) to give information or answer a question, give information or an answer that the person knows, or ought reasonably to know, is false or misleading in a material particular.
Penalty for this subsection: a fine of $50 000.
A person must not, in purporting to comply with a requirement under section 21S, 21T or 21U(3) to give or produce a thing, give or produce a thing that the person knows, or ought reasonably to know, is false or misleading in a material particular —
without indicating that it is false or misleading and, to the extent the person can, how it is false or misleading; and
if the person has or can reasonably obtain the correct information — without providing the correct information.
Penalty for this subsection: a fine of $50 000.
It is enough for a prosecution notice lodged against a person for an offence under subsection (5) or (6) to state —
that the information, answer or thing was false or misleading to the person’s knowledge without stating which; or
that the person ought reasonably to have known that the information, answer or thing was false or misleading without stating which.
[Section 21X inserted: No. 32 of 2022 s. 6.]
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