Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:6_239aj:p2
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 6 cl 239AJ (pt 2/3)
Character Range: 155413–158039

in relation to the matter.
 (5) A person must not:
 (a) refuse or fail to comply with a notice under subsection (2);
 (b) in purported compliance with such a notice, knowingly give information or evidence that is false or misleading.
Penalty: Imprisonment for 2 years or 100 penalty units, or both.
 (5A) A person is liable to a civil penalty if:
 (a) the person refuses or fails to comply with a notice under subsection (2); or
 (b) in purported compliance with such a notice, knowingly gives information or evidence that is false or misleading.
Civil penalty: 100 penalty units.
 (6) Paragraph (5)(a) does not apply to the extent that the person is not capable of complying with the notice.
Note:  A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
 (6A) Paragraph (5A)(a) does not apply to the extent that the person is not capable of complying with the notice.
Note:  A defendant bears an evidential burden in relation to the matters in this subsection: see section 154E.
 (7) Paragraph (5)(a) does not apply to the extent that:
 (a) the notice relates to producing documents; and
 (b) the person proves that, after a reasonable search, the person is not aware of the documents; and
 (c) the person provides a written response to the notice, including a description of the scope and limitations of the search.
Note: A defendant bears a legal burden in relation to the matter in paragraph (b): see section 13.4 of the Criminal Code.
 (7A) Paragraph (5A)(a) does not apply to the extent that:
 (a) the notice relates to producing documents; and
 (b) the person proves that, after a reasonable search, the person is not aware of the documents; and
 (c) the person provides a written response to the notice, including a description of the scope and limitations of the search.
 (8) Without limiting paragraphs (7)(b) and (7A)(b), a determination of whether a search is reasonable for the purposes of those paragraphs may take into account one or more of the following:
 (a) the nature and complexity of the matter to which the notice relates;
 (b) the number of documents involved;
 (c) the ease and cost of retrieving a document relative to the resources of the person who was given the notice;
 (d) any other relevant matter.
 (9) This section does not require a person:
 (a) to give information or evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet of a State or Territory; or
 (b) to produce a document prepared for the purposes of a meeting of the Cabinet of a State or Territory; or