Document ID: chunk:federal_register_of_legislation:C2024C00866:section:128:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 128 (pt 2/3)
Character Range: 1619938–1622436

are specified in the notice.
 (2AA) A document lodged as a consequence:
 (a) of a notice issued under subsection (1) requiring a person to provide the Department, in writing, with such information as the Secretary specifies in the notice; or
 (b) of a notice issued under paragraph (2)(a) requiring a person to provide the Department with such written information concerning the person's financial situation as is required by that notice; or
 (c) of a notice under paragraph (2)(b) requiring a person to provide the Department, in writing, with such information concerning the whereabouts or financial situation of a person indebted to the Commonwealth as is specified in the notice;
is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been lodged on a day determined under that section.
 (2A) The Secretary may require the information or answers to questions under this section to be verified or given, as the case may be, on oath or affirmation, and either orally or in writing, and for that purpose the Secretary or an officer to whom information or answers are verified or given may administer an oath or affirmation.
 (3) The oath or affirmation to be taken by a person for the purposes of this section is an oath or affirmation that the evidence the person will give will be true.
 (4) A person must not fail to comply with a notice under subsection (1).
Penalty: Imprisonment for 6 months or 10 penalty units.
 (4A) An offence under subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4B) Subsection (4) does not apply to the extent that the person is not capable of complying with the notice.
Note: The defendant bears an evidential burden in relation to the matter in subsection (4B). See subsection 13.3(3) of the Criminal Code.
 (5) A person shall not, in purported compliance with a notice under subsection (1), intentionally furnish information or give evidence that is false or misleading in a material particular.
Penalty: Imprisonment for 12 months or 20 penalty units, or both.
 (6) This section binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
 (7) This section does not require a person to furnish information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).