Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-3 - NOTICES TO FINANCIAL INSTITUTIONS  

SECTION 218   Failing to comply with a notice  

218(1)    

A person commits an offence if:

(a)    the person is given a notice under section 213 ; and

(b)    the person fails to comply with the notice:

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.

218(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 ).