99Complying with document production orders

99 Complying with document production orders

[Section 99 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  A person must not, without reasonable excuse, fail to comply with a document production order.

Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.

(2)  A person must not knowingly produce, or make available to the DPP, a document that is false or misleading in a material particular when complying with a document production order.

Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.

(3)  Subsection (2) does not apply to a person if, at the time the document is produced or as soon as practicable after becoming aware that a document produced is false or misleading, the person –

(a) informs the DPP that the 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 about the document 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 document that is false or misleading.

(4)  A person is not excused from complying with a document production order on the grounds that complying with the document production order would –

(a) tend to incriminate the person or expose him or her to a penalty; or

(b) be in breach of an obligation of the person to not disclose the existence or contents of the document, whether the obligation arose under an Act or otherwise.

(5)  [Section 99 Subsection (5) amended by No. 30 of 2018, s. 11, Applied:10 Dec 2018] Any information contained in a property-tracking document produced under a document production order, or any statement or disclosure made by a person in the course of complying with a document production order, is only admissible in evidence in any of the following proceedings: