Document ID: chunk:federal_register_of_legislation:C2012A00042:clause:1_52
Version: federal_register_of_legislation:C2012A00042
Segment Type: clause
Provision Reference: sch 1 cl 52
Character Range: 48573–49944

52  Offence—failure to comply with examination notice
 (1) A person commits an offence if:
 (a) the person has been given an examination notice under section 50; and
 (b) the person fails:
 (i) to give the required information by the time, and in the manner and form, specified in the notice; or
 (ii) to produce the required documents by the time, and in the manner, specified in the notice; or
 (iii) to attend to answer questions at the time and place specified in the notice; or
 (iv) to take an oath or make an affirmation, if required to do so under subsection 51(4); or
 (v) to answer questions relevant to the investigation while attending as required by the notice.
Penalty: Imprisonment for 6 months.
Note: A court may impose a maximum fine of 30 penalty units instead of, or in addition to, a term of imprisonment. A body corporate that is convicted of an offence may be fined up to 5 times that maximum fine. (See subsections 4B(2) and (3) of the Crimes Act 1914.)
 (2) This Part does not require a person to give information, produce a document or answer questions if to do so would disclose information that:
 (a) is the subject of legal professional privilege; or
 (b) would be protected by public interest immunity.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).