40VHOffences

#### 40VH Offences (1) An AFP appointee commits an offence if the AFP appointee: (a) refuses or fails to comply with a direction given under subsection 40VE(1) or 40VG(2); or (b) refuses or fails to be sworn or make an affirmation, when required to do so under subsection 40VG(2); or (c) gives information or makes a statement to the investigator knowing that it is false or misleading in a material particular. Penalty: Imprisonment for 6 months. (2) Subsection (1) does not apply if the AFP appointee has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) In any proceedings for an offence against subsection (1), the prosecution bears the onus of proving that: (a) the investigator complied with subsection 40VE(2) in relation to a direction under subsection 40VE(1); or (b) the investigator complied with subsection 40VG(3) in relation to a direction under subsection 40VG(2).