Proceeds of Crime Act 2002

Schedule 1 - Information gathering by participating States and self-governing Territories  

Note:

See section 14M .

PART 1 - PRODUCTION ORDERS  

SECTION 10   Failing to comply with production orders  

10(1)    
A person commits an offence if:

(a) the person is given a *production order; and

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

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

Penalty: Imprisonment for 6 months or 30 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.

10(2)    
A person is notified of sufficient compliance under this subclause if:

(a) the person gives an *authorised State/Territory officer of the *participating State or *self-governing Territory concerned a statutory declaration stating that the person does not have possession or control of the document specified in the *production order; and

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

10(3)    
It is a defence to an offence against subclause (1) if:

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

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

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

Note:

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