Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (4 of 2010)

Schedule 1   Proceeds of crime

Part 4   Notices

Proceeds of Crime Act 2002

127   At the end of section 211

Add:

(3) It is a defence to an offence against subsection (1) if:

(a) the person fails to comply with the *production order only because the person does not produce one or more documents specified in the order within the time specified in the order; and

(b) the person took all reasonable steps to produce the document or documents within that time; and

(c) the person produces the document or documents as soon as practicable after that time.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).