Document ID: chunk:federal_register_of_legislation:C2024C00826:section:240
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 240
Character Range: 571020–571865

240  Obstructing or hindering ASIC etc.
 (1) A person must not engage in conduct that results in the obstruction or hindering of ASIC, or any other person, in the performance of a function or the exercise of a power under this Act.
Civil penalty: 5,000 penalty units.
 (2) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in the obstruction or hindering of ASIC, or any other person, in the performance of a function or the exercise of a power under this Act.
                   Criminal penalty: 2 years imprisonment.
 (3) For the purposes of subsections (1) and (2), it is a defence if the person has a reasonable excuse.
Note: For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).