Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_28:p2
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 28 (pt 2/2)
Character Range: 68398–70068

and
 (b) the person is required to answer the question in writing; and
 (c) the person fails to comply with the requirement.

Maximum penalty: 50 penalty units.

Failure to make written declaration

 (7) A person is guilty of an offence if:
 (a) the person is required to verify an answer to a question by making a written declaration; and
 (b) the person fails to comply with the requirement.

Maximum penalty: 50 penalty units.

False or misleading answer

 (8) A person is guilty of an offence if:
 (a) the person is asked a question under subsection (1); and
 (b) the person gives an answer that the person knows to be false or misleading in a material particular.

Maximum penalty: Imprisonment for 5 years.

False or misleading declaration

 (9) A person is guilty of an offence if:
 (a) the person is asked to verify an answer to a question by making a written declaration; and
 (b) the person makes a statement in the declaration that the person knows to be false or misleading in a material particular.

       Maximum penalty: Imprisonment for 5 years.

Failure to send correct answer

 (10) A person is guilty of an offence if:
 (a) subsection (4) applies to the person; and
 (b) the person fails to comply with that subsection.

       Maximum penalty: 50 penalty units.

Definition

 (11) In this section:

making a written declaration, in relation to an answer to a question, means signing before an officer a written declaration as to the truth of the answer.

Note: The privilege against self incrimination does not apply in respect of requirements made under this section but a use derivative‑use indemnity applies (see subsections 79A(1) and (2)).