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Criminal Property Forfeiture Act 2002
25Complying with production orders
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25 Complying with production orders
(1) A person who, without reasonable excuse, fails to comply with a
production order commits an offence.
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(2) A person commits an offence if the person, in purported compliance
with a production order, produces or makes available to the DPP or
a police officer a document that the person knows, or could
reasonably be expected to know, is false or misleading in a material
particular.
(3) Despite subsection (2), a person does not commit an offence if, as
soon as practicable after becoming aware that a document
produced is false or misleading, the person:
(a) tells the DPP or a police officer that the document is false or
misleading; and
(b) indicates the respects in which it is false or misleading; and
(c) gives the DPP or a police officer any correct information that is
in the person's possession or control.
(4) A person is not excused from complying with a production order on
the grounds that complying with the order would tend to incriminate
the person or expose him or her to a penalty.
(5) A person is not excused from complying with a production order on
the grounds that complying with the order would be in breach of an
obligation of the person not to disclose the existence or contents of
the document, whether the obligation arose under an Act or
otherwise.
(6) Any information contained in a property-tracking document
produced under a production order, or any statement or disclosure
made by a person in the course of complying with a production
order, is admissible in 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.
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