Proceeds of Crime Act 2002
Note:
See section 14M .
View history note
Hide history noteA 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 ).
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