37Failure to comply with production order

#### 37 Failure to comply with production order 37 Failure to comply with production order > > (1) If a person is required by a production order to produce a document to an authorised officer or to make a document available to an authorised officer for inspection, the person is guilty of an offence if the person— > > > > > (a) contravenes the order without reasonable excuse, or > > > > > (b) in purported compliance with the order produces or makes available a document known to the person to be false or misleading in a material particular without— > > > > > > > (i) indicating to the authorised officer to whom the document is produced or made available that the document is false or misleading and the respect in which the document is false or misleading, and > > > > > > > (ii) providing correct information to the authorised officer if the person is in possession of, or can reasonably acquire, the correct information. > > > > Maximum penalty—500 penalty units if the offender is a body corporate or, in any other case, 100 penalty units or imprisonment for 2 years, or both. > > > (2) It is sufficient compliance with a requirement of a production order that a person produce a document or make a document available if— > > > > > (a) the person has provided the Commission with a statement verified by statutory declaration to the effect that the person does not have possession and does not have control of the document, and > > > > > (b) the Commission has notified the person in writing that the Commission is prepared to accept provision of the statement as compliance with the order. > > **s 37:** Am 1997 No 68, Sch 1 \[55\].