Document ID: chunk:federal_register_of_legislation:C2019C00286:section:8
Version: federal_register_of_legislation:C2019C00286
Segment Type: section
Provision Reference: s 8
Character Range: 11296–12864

8  Offences
 (1) A person shall not fail to answer a question or produce a document when required to do so in pursuance of section 7.
Penalty: 1 penalty unit.
 (1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
 (1B) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) A person shall not obstruct or hinder an authorised officer acting in the performance of his or her functions or the exercise of his or her powers under this Act.
Penalty: 5 penalty units.
 (3A) Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).
 (4) A person shall not assault or threaten an authorised officer acting in the performance of his or her functions or the exercise of his or her powers under this Act.
Penalty: 10 penalty units or imprisonment for 6 months, or both.
 (5) For the purposes of an offence against subsection (3) or (4), strict liability applies to the following physical elements of circumstance of the offence:
 (a) that the person obstructed or hindered is an authorised officer;
 (b) that the authorised officer is acting in the performance of his or her functions or the exercise of his or her powers under this Act.
Note: For strict liability, see section 6.2 of the Criminal Code.