Document ID: chunk:federal_register_of_legislation:C2004A00894:clause:1_4c
Version: federal_register_of_legislation:C2004A00894
Segment Type: clause
Provision Reference: sch 1 cl 4C
Character Range: 3063–3811

4C  At the end of section 3
Add:

 (4) A person served with a notice under subsection 2(3A) must not refuse or fail to produce a document or other thing that the person was required to produce in accordance with the notice.

Penalty: $1,000 or imprisonment for 6 months.

 (5) Subsection (4) does not apply if the person has a reasonable excuse.

 (6) It is a defence to a prosecution for an offence against subsection (4) constituted by a refusal or failure to produce a document or other thing if the document or other thing was not relevant to the matters into which the Commission was inquiring.

Note: A defendant bears an evidential burden in relation to the matters in subsections (5) and (6) (see subsection 13.3(3) of the Criminal Code).