sec.435Application of division

### sec.435 Application of division This division applies if— a person has been convicted of an offence against the pre-amended Act, section 74(5), 82(5), 185(1) or 190(1); and at the time of failing to comply with the requirement the subject of the offence, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal. This division also applies if— a person has been found guilty under section 199(8) by the Supreme Court of a contempt of the presiding officer constituted by— a failure by the person, under section 183, to take an oath when required by the presiding officer; or a failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or a failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and at the time of failing to comply with the requirement the subject of the contempt, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal. For subsection (1)(b) and (2)(b), it does not matter if the reasonable excuse based on the fear of reprisal is raised by the person for the first time in an application under this division. s 435 ins 2016 No. 62 s 55 (sec.435-ssec.1) This division applies if— a person has been convicted of an offence against the pre-amended Act, section 74(5), 82(5), 185(1) or 190(1); and at the time of failing to comply with the requirement the subject of the offence, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal. (sec.435-ssec.2) This division also applies if— a person has been found guilty under section 199(8) by the Supreme Court of a contempt of the presiding officer constituted by— a failure by the person, under section 183, to take an oath when required by the presiding officer; or a failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or a failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and at the time of failing to comply with the requirement the subject of the contempt, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal. (sec.435-ssec.3) For subsection (1)(b) and (2)(b), it does not matter if the reasonable excuse based on the fear of reprisal is raised by the person for the first time in an application under this division. - (a) a person has been convicted of an offence against the pre-amended Act, section 74(5), 82(5), 185(1) or 190(1); and - (b) at the time of failing to comply with the requirement the subject of the offence, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal. - (a) a person has been found guilty under section 199(8) by the Supreme Court of a contempt of the presiding officer constituted by— (i) a failure by the person, under section 183, to take an oath when required by the presiding officer; or (ii) a failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or (iii) a failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and - (i) a failure by the person, under section 183, to take an oath when required by the presiding officer; or - (ii) a failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or - (iii) a failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and - (b) at the time of failing to comply with the requirement the subject of the contempt, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal. - (i) a failure by the person, under section 183, to take an oath when required by the presiding officer; or - (ii) a failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or - (iii) a failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and