Proceeds of Crime Act 2002
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.
View history note
Hide history note211(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 ).
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