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Australian Securities and Investments Commission Act 2001
63Non‑compliance with requirements made under this Part
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#### 63 Non‑compliance with requirements made under this Part
(1) A person must not intentionally or recklessly fail to comply with a requirement made under:
(a) section 19; or
(b) subsection 21(3); or
(c) section 30, 30A, 30B, 31, 32A, 33 or 34; or
(d) subsection 37(9); or
(e) section 38; or
(f) section 39.
Penalty: 2 years imprisonment.
(2) A person must not fail to comply with a requirement made under section 41, 42, 43 or 44.
Penalty: 120 penalty units.
(3) A person must not fail to comply with a requirement made under subsection 21(1) or 29(2), paragraph 24(2)(a) or subsection 49(3) or 58(1), (2) or (4).
Penalty: 3 months imprisonment.
(4) A person must comply with a requirement made under subsection 23(2) or 48(2).
Penalty: 20 penalty units.
(5) Subsections (1), (1A), (2) and (3) do not apply to the extent that the person has a reasonable excuse.
> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) of the Criminal Code.
(6) Paragraph (1)(d) does not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.
> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) of the Criminal Code.
(7) Paragraph (1)(e) does not apply to the extent that the person has stated the matter to the best of his or her knowledge or belief.
> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) of the Criminal Code.
(8) Paragraph (1)(f) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 39(a) and (b).
> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) of the Criminal Code.