Document ID: chunk:federal_register_of_legislation:C2025C00189:section:155:p3
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 155 (pt 3/5)
Character Range: 2176548–2179237

may exercise, or continue to exercise, a power under subsection (1) in relation to a matter referred to in that subsection until:
 (a) the Commission commences proceedings in relation to the matter (other than proceedings for an injunction, whether interim or final); or
 (b) the close of pleadings in relation to an application by the Commission for a final injunction in relation to the matter.
 (5) A person shall not:
 (a) refuse or fail to comply with a notice under this section;
 (b) in purported compliance with such a notice, knowingly furnish information or give evidence that is false or misleading.
 (5A) Paragraph (5)(a) does not apply to the extent that the person is not capable of complying with the notice.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5A), see subsection 13.3(3) of the Criminal Code.
 (5B) Paragraph (5)(a) does not apply to the extent that:
 (a) the notice relates to producing documents; and
 (b) the person proves that, after a reasonable search, the person is not aware of the documents; and
 (c) the person provides a written response to the notice, including a description of the scope and limitations of the search.
Note: A defendant bears a legal burden in relation to the matter in paragraph (5B)(b) (see section 13.4 of the Criminal Code).
 (6) For the purposes of (but without limiting) paragraph (5B)(b), a determination of whether a search is reasonable may take into account the following:
 (a) the nature and complexity of the matter to which the notice relates;
 (b) the number of documents involved;
 (c) the ease and cost of retrieving a document relative to the resources of the person who was given the notice;
 (d) any other relevant matter.
 (6A) A person who contravenes subsection (5) is guilty of an offence punishable on conviction by imprisonment for 2 years or a fine not exceeding 100 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Part IA of the Crimes Act 1914 contains provisions dealing with penalties.
 (7) A person is not excused from furnishing information or producing a document in pursuance of this section on the ground that the information or document may tend to incriminate the person or expose the person to a penalty, but the answer by an individual to any question asked in a notice under this section or the furnishing by an individual of any information in pursuance of such a notice is not admissible in evidence against the individual in any criminal proceedings, other than:
 (a) proceedings for an offence against this section; or
 (b) proceedings for an offence against section 137.1,