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
139 At the end of section 218
Add:
(2) It is a defence to an offence against subsection (1) if:
(a) the person fails to comply with the notice only because the person does not provide the information or a document within the period specified in the notice; and
(b) the person took all reasonable steps to provide the information or document within that period; and
(c) the person provides the information or document as soon as practicable after the end of that period.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).