94Complying with examination orders

### 94 Complying with examination orders > [*\[Section 94 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS12@EN) > > > (1)  If an owner of restrained property is to be examined under an examination order, the owner must comply with – > > > > > > (a) the examination order; and > > > > > > > (b) any requirements made as part of an examination held under the examination order. > > > > Penalty:  Fine not exceeding 1 000 penalty units or an amount equal to the value of the property, whichever is greater, or imprisonment for a term not exceeding 5 years, or both. > > > (2)  In addition to [subsection (1)](#GS94@Gs1@EN) , if an owner of restrained property is to be examined under an examination order and fails to comply with the examination order, or any requirements made as part of an examination held under the examination order  – > > > > > > (a) the owner is not entitled to file under [Division 4](#HP9@HD4@EN) an objection to the restraint of the property; and > > > > > > > (b) if the owner has already filed an objection under [Division 4](#HP9@HD4@EN) , the objection is of no effect. > > > (3)  A person to be examined under an examination order, other than a person to whom [subsection (1)](#GS94@Gs1@EN) applies, must comply with – > > > > > > (a) the examination order; and > > > > > > > (b) any requirements made as part of an examination held under the examination order. > > > > Penalty:  Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (4)  Without limiting the generality of [subsection (1)](#GS94@Gs1@EN) , [(2)](#GS94@Gs2@EN) or [(3)](#GS94@Gs3@EN) , a person fails to comply with the examination order if – > > > > > > (a) the person fails to disclose material information that the person was aware, or could reasonably have been expected to have been aware, was material; or > > > > > > > (b) the person gives information or a document that is false or misleading, in purported compliance with the examination order, that the person was aware, or could reasonably have been expected to have been aware, was false or misleading. > > > (5)  [Subsection (4)(b)](#GS94@Gs4@Hpb@EN) does not apply to a person if, at the time the person gives the information or a document or as soon as practicable after becoming aware that the information or document given is false or misleading, the person – > > > > > > (a) informs the DPP that the information or document is false or misleading; and > > > > > > > (b) indicates the respects in which it is false or misleading; and > > > > > > > (c) gives the DPP any correct information that is in the person's possession or control; and > > > > > > > (d) provides the DPP with any information the person has concerning who had access to the information or document that is false or misleading. > > > (6)  A person is not excused from complying with an examination order, or any requirements made as part of an examination held under the examination order, on the grounds that complying – > > > > > > (a) would tend to incriminate the person or expose him or her to a penalty; or > > > > > > > (b) may result in the forfeiture of property; or > > > > > > > (c) would be in breach of an obligation on the person not to disclose information, or not to disclose the existence or contents of a document, whether the obligation arose under an Act or otherwise. > > > (7)  [*\[Section 94 Subsection (7) amended by No. 30 of 2018, s. 9, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS9@Hpa@EN) A statement or disclosure made by a person in the course of complying with an examination order is only admissible as evidence in any of the following proceedings: > > > > > > (a) a proceeding against the person for an offence against this section; > > > > > > > (b) [*\[Section 94 Subsection (7) amended by No. 30 of 2018, s. 9, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS9@Hpb@EN) any civil proceeding against the person; > > > > > > > (c) [*\[Section 94 Subsection (7) amended by No. 30 of 2018, s. 9, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS9@Hpc@EN) any proceeding under this Act that may lead to the forfeiture of property. > > > (8)  Despite [subsection (7)](#GS94@Gs7@EN) , the transcript of an examination of a person under an examination order is admissible in any proceedings under this Act or under any other law in force in the State as evidence of a statement or disclosure made by the person in the course of complying with the examination order.