Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_135c
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 135C
Character Range: 463726–464937

135C  Failure to answer questions or produce documents

 (1) A person commits an offence if:
 (a) the person is subject to a requirement under subsection 135B(2); and
 (b) the person fails to comply with the requirement.

Penalty:
 (a) if the person is a body corporate—150 penalty units; or
 (b) if the person is not a body corporate—30 penalty units.

 (2) A person is not excused from:
 (a) answering a question; or
 (b) producing a document;
as required under subsection 135B(2) on the ground that the answer, or production of the document, might tend to incriminate the person or expose the person to a penalty.

 (3) However, in the case of an individual:
 (a) the answer, or the document produced; and
 (b) giving the answer, or producing the document;
are not admissible in evidence against the individual in any criminal proceedings other than:
 (c) proceedings for any offence against subsection (1); or
 (d) proceedings for an offence based on the answer or document being false or misleading; or
 (e) proceedings for an offence based on the obstruction of public officials.

 (4) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.