Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34g:p1
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34G (pt 1/2)
Character Range: 28909–31617

34G  Giving information and producing things etc.

 (1) A person must appear before a prescribed authority for questioning, as required by a warrant issued under section 34D or a direction given under section 34F.

Penalty: Imprisonment for 5 years.

 (2) Strict liability applies to the circumstance of an offence against subsection (1) that:
 (a) the warrant was issued under section 34D; or
 (b) the direction was given under section 34F.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) A person who is before a prescribed authority for questioning under a warrant must not fail to give any information requested in accordance with the warrant.

Penalty: Imprisonment for 5 years.

 (4) Subsection (3) does not apply if the person does not have the information.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

 (5) If:
 (a) a person is before a prescribed authority for questioning under a warrant; and
 (b) the person makes a statement that is, to the person's knowledge, false or misleading in a material particular; and
 (c) the statement is made in purported compliance with a request for information made in accordance with the warrant;
the person is guilty of an offence.

Penalty: Imprisonment for 5 years.

 (6) A person who is before a prescribed authority for questioning under a warrant must not fail to produce any record or thing that the person is requested in accordance with the warrant to produce.

Penalty: Imprisonment for 5 years.

 (7) Subsection (6) does not apply if the person does not have possession or control of the record or thing.

Note: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).

 (8) For the purposes of subsections (3) and (6), the person may not fail:
 (a) to give information; or
 (b) to produce a record or thing;
in accordance with a request made of the person in accordance with the warrant, on the ground that the information, or production of the record or thing, might tend to incriminate the person or make the person liable to a penalty.

 (9) However, the following are not admissible in evidence against the person in criminal proceedings other than proceedings for an offence against this section:
 (a) anything said by the person, while before a prescribed authority for questioning under a warrant, in response to a request made in accordance with the warrant for the person to give information;
 (b) the production of a record or thing by the person, while before a prescribed authority for questioning under a warrant, in response to a request made in