94Complying with examination orders

94 Complying with examination orders

[Section 94 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(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) , 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 an objection to the restraint of the property; and

(b) if the owner has already filed an objection under Division 4 , the objection is of no effect.

(3)  A person to be examined under an examination order, other than a person to whom subsection (1) 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) , (2) or (3) , 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.