Document ID: chunk:federal_register_of_legislation:C2004A01219:clause:2_95zk:p2
Version: federal_register_of_legislation:C2004A01219
Segment Type: clause
Provision Reference: sch 2 cl 95ZK (pt 2/2)
Character Range: 59566–61461

or
 (d) to produce to the body, within the specified period and in the specified manner, specified documents relating to the affairs of the person.

Period specified in notice

 (3) A period specified in a notice under subsection (1) or (2) must end at least 14 days after the notice was given.

Offence: refusal or failure to comply with notice

 (4) A person is guilty of an offence if the person refuses or fails to comply with a notice given to the person under this section.

Penalty: 20 penalty units.

 (5) Subsection (4) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

 (6) It is a reasonable excuse for the purposes of subsection (4) for an individual to refuse or fail to give information or produce a document on the ground that the information or production of the document might tend to incriminate the individual or to expose the individual to a penalty.

 (7) Subsection (6) does not limit what is a reasonable excuse for the purposes of subsection (5).

Offence: false or misleading declarations

 (8) A person must not, in a declaration made for the purposes of paragraph (1)(g), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.

Penalty: 20 penalty units.

Making information or documents publicly available

 (9) If:
 (a) a notice is given to a person under this section relating to an inquiry that is being held in public in relation to the person; and
 (b) the person gives the information concerned or produces the documents concerned to the inquiry body in connection with the inquiry;
the inquiry body must make the information or documents available to the public in such manner as it thinks fit.

Note: See also section 95ZN (about confidentiality of information).