Document ID: chunk:federal_register_of_legislation:C2024C00828:section:699:p2
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 699 (pt 2/2)
Character Range: 1870099–1872432

or in writing; and
 (ii) produce any such documents; or
 (e) if the person is a body corporate—to cause a competent officer of the body to appear before the Titles Administrator or the inspector at a time and place specified in the notice to:
 (i) give any such evidence, either orally or in writing; and
 (ii) produce any such documents.
 (3) A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.
 (4) A time specified under paragraph (2)(d) or (e) must not be earlier than 14 days after the notice is given.

Offence
 (5) A person commits an offence if:
 (a) the person has been given a notice under subsection (2); and
 (b) the person omits to do an act; and
 (c) the omission contravenes a requirement in the notice.
Penalty: 100 penalty units.

Civil penalty
 (5A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 150 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions
 (5B) The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: To the extent that subsection (5D) provides, subsection (5) is a continuing offence under section 4K of the Crimes Act 1914.
 (5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: To the extent that subsection (5D) provides, subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
 (5D) Subsections (5B) and (5C) apply only in relation to a contravention of a requirement to which paragraph (2)(a), (b) or (c) applies.

Notice to set out the effect of offence and civil penalty provisions
 (6) A notice under subsection (2) must set out the effect of the following provisions:
 (a) subsection (5);
 (aa) subsection (5A);
 (ab) subsection (5B);
 (ac) subsection (5C);
 (b) section 705;
 (c) section 706;
 (d) section 707.
Note 1: Section 705 is about giving false or misleading information.
Note 2: Section 706 is about producing false or misleading documents.
Note 3: Section 707 is about giving false or misleading evidence.