Document ID: chunk:federal_register_of_legislation:C2024C00841:section:34gd:p2
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 34GD (pt 2/2)
Character Range: 319614–321345

this section; or
 (e) proceedings for an offence against section 34GF; or
 (f) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section.
 (7) If, at general law, the subject of a questioning warrant would otherwise be able to claim the privilege against self‑exposure to a penalty (other than an offence) in relation to giving information or producing a record or other thing in connection with the warrant, the subject is not excused from giving the information or producing the record or thing on that ground.

False or misleading statements
 (8) The subject of a questioning warrant commits an offence if:
 (a) the subject is appearing before a prescribed authority for questioning under the warrant; and
 (b) the Organisation requests, in accordance with the warrant, the subject to give information; and
 (c) the subject makes a statement that is, to the subject's knowledge, false or misleading; and
 (d) the statement is made in purported compliance with the request.
Penalty: Imprisonment for 5 years.
 (9) Subsection (8) does not apply if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Rendering records or things illegible etc.
 (10) The subject of a questioning warrant commits an offence if:
 (a) the subject is requested, in connection with a questioning warrant, to produce a record or other thing; and
 (b) the subject engages in conduct; and
 (c) as a result of the conduct, the record or thing is unable to be produced, or to be produced in wholly legible or usable form.
Penalty: Imprisonment for 5 years.