Document ID: chunk:federal_register_of_legislation:C2013C00428:clause:1_337aa
Version: federal_register_of_legislation:C2013C00428
Segment Type: clause
Provision Reference: sch 1 cl 337AA
Character Range: 13927–15937

337AA  Additional power to require information etc.—civil penalty provisions

Civil penalty provisions
 (1) A person must comply with a requirement made of the person under subsection 335A(2).
Note: This subsection is a civil penalty provision (see section 305).
 (2) A person must not give information, or produce a document, in purported compliance with a requirement under subsection 335A(2), if the person knows, or is reckless as to whether, the information or document is false or misleading.
Note: This subsection is a civil penalty provision (see section 305).
 (3) A person must not, when attending before a person in accordance with a requirement under subsection 335A(2), make a statement (whether orally or in writing) if the person knows, or is reckless as to whether, the statement is false or misleading.
Note: This subsection is a civil penalty provision (see section 305).

Reasonable excuse
 (4) Subsection (1) does not apply if the person has a reasonable excuse.
 (5) Subsection (4) places an evidential burden on the defendant to show a reasonable excuse.

Self‑incrimination
 (6) A person is not excused from:
 (a) giving information; or
 (b) producing a document; or
 (c) answering a question;
under subsection 335A(2) on the ground that the information, the production of the document, or the answer to the question, as the case may be, might tend to incriminate the person or expose the person to a penalty.
 (7) However, in the case of an individual:
 (a) the information given, the document produced, or the answer given; and
 (b) giving the information, producing the document, or answering the question; and
 (c) any information, document or thing obtained as a direct or indirect consequence of giving the information, producing the document or answering the question;
are not admissible in evidence against the person in:
 (d) criminal proceedings; or
 (e) civil proceedings for the recovery of a penalty, other than proceedings under, or arising out of, subsection (2) or (3).