Document ID: chunk:federal_register_of_legislation:C2004A00912:clause:1_31
Version: federal_register_of_legislation:C2004A00912
Segment Type: clause
Provision Reference: sch 1 cl 31
Character Range: 9438–10636

31  Subsection 55(1)
Repeal the subsection, substitute:

 (1) A person must not fail:
 (a) to attend before an authorised officer; or
 (b) to take an oath or make an affirmation; or
 (c) to answer a question or produce an account or other document;
when so required under this Act.

Penalty: Imprisonment for 6 months.

 (2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.

 (3A) A person must not refuse:
 (a) to attend before an authorised officer; or
 (b) to take an oath or make an affirmation; or
 (c) to answer a question or produce an account or other document;
when so required under this Act.

Penalty: Imprisonment for 6 months.

 (3B) Subsection (3A) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3B), see subsection 13.3(3) of the Criminal Code.

Bounty (Machine Tools and Robots) Act 1985