Document ID: chunk:federal_register_of_legislation:C2018A00126:clause:1_10
Version: federal_register_of_legislation:C2018A00126
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 59595–61069

10  Failing to comply with production orders
 (1) A person commits an offence if:
 (a) the person is given a *production order; and
 (b) the person fails to comply with the order; and
 (c) the person has not been notified of sufficient compliance under subclause (2).
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
Note: Sections 137.1 and 137.2 of the Criminal Code also create offences for providing false or misleading information or documents.
 (2) A person is notified of sufficient compliance under this subclause if:
 (a) the person gives an *authorised State/Territory officer of the *participating State or *self‑governing Territory concerned a statutory declaration stating that the person does not have possession or control of the document specified in the *production order; and
 (b) the officer notifies the person in writing that the statutory declaration is sufficient compliance with the order.
 (3) It is a defence to an offence against subclause (1) if:
 (a) the person fails to comply with the *production order only because the person does not produce the document specified in the order within the time specified in the order; and
 (b) the person took all reasonable steps to produce the document within that time; and
 (c) the person produces the document as soon as practicable after that time.
Note: A defendant bears an evidential burden in relation to the matters in subclause (3) (see subsection 13.3(3) of the Criminal Code).