Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-2 - PRODUCTION ORDERS  

SECTION 211   Failing to comply with a production order  

211(1)    

A person commits an offence if:

(a)    the person is given a * production order in relation to a * property-tracking document; and

(b)    the person fails to comply with the order; and

(c)    the person has not been notified of sufficient compliance under subsection (2).

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Note:

Sections 137.1 and 137.2 of the Criminal Code also create offences for providing false or misleading information or documents.

211(2)    
A person is notified of sufficient compliance under this subsection if:

(a)    the person gives an * authorised officer a statutory declaration stating that the person does not have possession or control of the document; and

(b)    the officer notifies the person in writing that the statutory declaration is sufficient compliance with the * production order.

211(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 ).