Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-1 - EXAMINATIONS  

Division 4 - Offences  

Note:

In addition to the offences in this Division, there are other offences that may be relevant to examinations, such as sections 137.1 (false or misleading information) and 137.2 (false or misleading documents) of the Criminal Code .

SECTION 196   Offences relating to appearance at an examination  

196(1)    

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A person attending an * examination to answer questions or produce documents must not:

(a)    refuse or fail to be sworn or to make an affirmation; or

(b)    refuse or fail to answer a question that the * approved examiner requires the person to answer; or

(c)    refuse or fail to produce at the examination a document specified in the * examination notice that required the person's attendance; or

(d)    leave the examination before being excused by the approved examiner.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

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History

S 196(1) amended by No 3 of 2021, s 3 and Sch 6 item 2, by substituting " 5 years or 300 " for " 2 years or 120 " in the penalty, effective 17 February 2021.

S 196(1) amended by No 4 of 2010, s 3 and Sch 1 item 115, by substituting " 2 years or 120 penalty units " for " 6 months or 30 penalty units " in the penalty, effective 20 February 2010.

S 196(1) amended by No 3 of 2010, s 3 and Sch 2 item 77, by substituting " Penalty: " for " Maximum penalty: " in the penalty, effective 20 February 2010.

196(2)    
Paragraph (1)(c) does not apply if the person complied with the notice in relation to production of the document to the extent that it was practicable to do so.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .

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