Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:9_110zha
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 9 cl 110ZHA
Character Range: 514831–516315

110ZHA  Failure to attend hearing, give information or produce documents etc.

Failure to attend hearing
 (1) A person commits an offence if:
 (a) the person is served with a notice under section 110ZGC to attend a hearing; and
 (b) the person fails to comply with the notice.
Penalty: Imprisonment for 2 years.

Failure to give information, or produce a document or thing
 (2) A person commits an offence if:
 (a) the person is given a notice under section 110ZGC or 110ZGE to give information or a statement, or produce a document or thing, specified in the notice; and
 (b) the person fails to comply with the notice.
Penalty: Imprisonment for 2 years.

Reasonable excuse
 (3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code.

Defence of relevance
 (4) Subsection (2) does not apply if the information, statement, document or thing is not relevant to the matters into which the Commissioner was inquiring.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.

Subsections (1) and (2) not affected by State or Territory law or the general law
 (5) Subsections (1) and (2) have effect despite anything in a law of a State or Territory, or the general law.
Note: Penalties also do not apply under secrecy provisions: see section 110ZHQ.