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Criminal Property Forfeiture Act 2002
21Complying with examination orders
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21 Complying with examination orders
(1) If an owner of restrained property who is or is to be examined in
connection with the property under an examination order fails to
comply with the order or the examiner's requirements under the
order:
(a) the owner is not entitled to file an objection to the restraint of
the property; and
(b) if the owner has already filed an objection – the objection is of
no effect; and
(c) the owner commits an offence.
(2) A person convicted of an offence against subsection (1) is liable to
a maximum penalty of 1 000 penalty units or an amount equal to
the value of the property, whichever is greater, or imprisonment for
(3) If a person who is or is to be examined under an examination order
in connection with another person's wealth, liabilities, income or
expenditure fails to comply with the order or the examiner's
requirements under the order, the person commits an offence.
Maximum penalty: 500 penalty units or imprisonment for
2 years.
(4) Without limiting subsection (1) or (3), a person who is examined
under an examination order fails to comply with the order for the
respective subsection if:
(a) the person fails to disclose material information, or gives false
information or a false document, in purported compliance with
the order; and
(b) the person was aware, or could reasonably have been
expected to have been aware, that the information was
material or that the information or document was false.
Criminal Property Forfeiture Act 2002 17
(5) A person is not excused from complying with an examination order
or the examiner's requirements under the order on the grounds that
complying with the order:
(a) would tend to incriminate the person or expose him or her to a
penalty; or
(b) could result in the forfeiture of property.
(6) A person is not excused from complying with an examination order
on the grounds that complying with the order would be in breach of
an obligation of 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) A statement or disclosure made by a person in the course of
complying with an examination order is admissible as evidence
against the person:
(a) in a proceeding against the person for an offence against this
section; and
(b) in any civil proceeding; and
(c) in any proceeding under this Act that could lead to the
forfeiture of property owned, effectively controlled or given
away by the person, but only for facilitating the identification of
such property.