Document ID: chunk:federal_register_of_legislation:C2012C00839:clause:4_78
Version: federal_register_of_legislation:C2012C00839
Segment Type: clause
Provision Reference: sch 4 cl 78
Character Range: 66869–68045

78  Failure to comply with notice
 (1) A person commits an offence if:
 (a) the person is served with a notice under section 75; and
 (b) the person fails to comply with the notice:
 (i) within the period specified in the notice; or
 (ii) if the Integrity Commissioner has allowed the person further time under subsection 76(3)—within such further time.
Penalty: Imprisonment for 2 years.
Note 1: If a notice requires a document or thing to be produced, a legal practitioner may refuse to produce the document or thing in certain circumstances: see section 79.
Note 2: This section is not subject to the privilege against self‑incrimination but there are limits on the uses to which the evidence the person gives may be put: see section 80.
 (2) In proceedings for an offence against subsection (1), it is a defence if it is not reasonably practicable for the person to comply with the notice:
 (a) within the period specified in the notice; or
 (b) within such further time as allowed by the Integrity Commissioner under subsection 76(3).
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.