Document ID: chunk:federal_register_of_legislation:C2004A03762:body:0:p17
Version: federal_register_of_legislation:C2004A03762
Segment Type: other
Provision Reference: 
Character Range: 40154–42869

is convicted of an offence against this section is punishable by:
     (a) if the person is a natural person—a fine not exceeding $50,000 or imprisonment for a period not exceeding 2 years, or both; or
     (b) if the person is a corporation—a fine not exceeding $250,000.".

Defence to prosecutions
25. Section 32 of the Principal Act is amended by omitting from subsection (2) "or 21" and substituting ", 21 or 21a".

Repeal of section 34
26. Section 34 of the Principal Act is repealed.

Powers of court to enforce Treasurer's orders
27. Section 35 of the Principal Act is amended:
     (a) by omitting from subsection (1) "having jurisdiction for the purpose";
     (b) by inserting after subsection (4) the following subsection:
    "(4a) The orders that may be made under subsection (1) in relation to the acquisition of an interest in Australian urban land include, but are not limited to:
         (a) an order restraining the exercise of any rights attached to any interest held by the offender in the land or other thing concerned;
         (b) an order prohibiting or deferring the payment of any sums due to the offender in respect of any such interest held by the offender;
         (c) an order directing the disposal of any such interest held by the offender; and
         (d) an order that any exercise of rights attached to any such interest held by the offender be disregarded.";
     (c) by omitting from subsection (5) "and (4)" and substituting ", (4) and (4a)";
     (d) by omitting subsections (8) and (9).

Treasurer may require information
28. Section 36 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:
"(2) A person shall not refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it.
Penalty:
     (a) in the case of a natural person—$2,000 or imprisonment for 12 months, or both; or
     (b) in the case of a corporation—$10,000.".

29. After section 36 of the Principal Act the following section is inserted:

False or misleading statements etc.
"36a. A person shall not knowingly or recklessly, in connection with the operation of this Act:
     (a) make a statement, either orally or in writing, to the Treasurer or to an officer of the Department that is false or misleading in a material particular;
     (b) omit from a statement made, either orally or in writing, to the Treasurer or to an officer of the Department any matter or thing without which the statement is misleading in a material particular; or
     (c) give a document to the Treasurer or to an officer of the Department that contains information that is false or misleading in a material particular.