135CFailure to answer questions or produce documents

135C Failure to answer questions or produce documents

(1) A person commits an offence if:

(a) the person is subject to a requirement under subsection 135B(2); and

(b) the person fails to comply with the requirement.

Penalty:

(a) if the person is a body corporate—150 penalty units; or

(b) if the person is not a body corporate—30 penalty units.

(2) A person is not excused from:

(a) answering a question; or

(b) producing a document;

as required under subsection 135B(2) on the ground that the answer, or production of the document, might tend to incriminate the person or expose the person to a penalty.

(3) However, in the case of an individual:

(a) the answer, or the document produced; and

(b) giving the answer, or producing the document;

are not admissible in evidence against the individual in any criminal proceedings other than:

(c) proceedings for any offence against subsection (1); or

(d) proceedings for an offence based on the answer or document being false or misleading; or

(e) proceedings for an offence based on the obstruction of public officials.

(4) Subsection (1) is an offence of strict liability.

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