Document ID: chunk:federal_register_of_legislation:C2024C00426:section:69enb
Version: federal_register_of_legislation:C2024C00426
Segment Type: section
Provision Reference: s 69ENB
Character Range: 150462–151736

69ENB  Failure to comply with substantiation notice
 (1) A person contravenes this section if:
 (a) the person is given a notice under section 69EN; and
 (b) the person fails to comply with the notice:
 (i) within the period specified in the notice; or
 (ii) if the APVMA has allowed the person further time under subsection 69ENA(3)—within such further time.
 (2) Subsection (1) does not apply if:
 (a) the person is an individual; and
 (b) the person refuses or fails to give particular information or produce a particular document in compliance with a substantiation notice; and
 (c) the information, or production of the document, might tend to incriminate the individual or to expose the individual to a penalty.
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.
 (4) Subsection (1) is a civil penalty provision.
Note 1: Division 1 of this Part provides for pecuniary penalties for contraventions of civil penalty provisions.
Note 2: For the evidential burden in civil penalty proceedings in relation to the matter in subsection (2), see section 69EJP.

Division 6—Formal warnings