Document ID: chunk:federal_register_of_legislation:C2004A02381:body:0:p6
Version: federal_register_of_legislation:C2004A02381
Segment Type: other
Provision Reference: 
Character Range: 12569–15251

particular.
       Penalty: $5,000 or imprisonment for 1 year, or both.
    "(6) It is a defence to a prosecution for an offence against sub-section (5) if the defendant proves that he believed on reasonable grounds that the information or statement was true and was not misleading.

    "(7) In this section, a reference to disclosing information includes, in relation to information that is contained in a document, a reference to furnishing the document.".

Powers of inspectors
11. Section 19 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "in the prescribed form" and substituting "containing the prescribed matters";
     (b) by inserting after sub-section (1) the following sub-section:
    "(1a) A notice given pursuant to paragraph (1) (c) shall set out the provisions of sub-sections (8) and (9)."; and
(c) by adding at the end thereof the following sub-section:
    "(15) The powers of the Court under this section may be exercised in relation to a person notwithstanding that the person has been convicted of an offence in relation to the matter in respect of which the powers are to be exercised.".

12. Section 21 of the Principal Act is repealed and the following section substituted:

Record of examination
"21. (1) An inspector may cause to be made a record of the questions asked and the answers given at an examination under this Division.
"(2) Where a record of the questions asked and the answers given at an examination under this Division is in writing or is reduced to writing—
     (a) the inspector may require the person to read the written record or have the written record read to him and may require him to sign the written record; and
     (b) if the person requests the inspector in writing to furnish him with a copy of the written record, the inspector shall furnish the copy to the person without charge but subject to such conditions (if any) as the inspector imposes.
"(3) A written record of the examination of a person under this Division that is signed by the person as mentioned in sub-section (2) or is authenticated in any other prescribed manner is prima facie evidence of the questions asked and the answers given at the examination.
"(4) A person to whom a copy of a written record of an examination is given under paragraph (2) (b) and any person who comes into possession of the copy or a copy of the copy shall comply with any conditions imposed by the inspector under that paragraph.
"(5) Nothing in this section affects or limits the admissibility in any criminal or civil proceedings of other evidence of the questions asked and answers given at an examination under this Part.

"(6) The Commission may