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Designs Act 2003
134Failure to comply with requirements of Registrar
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#### 134 Failure to comply with requirements of Registrar
(1) A person commits an offence if:
(a) the person is subject to a requirement to:
(i) appear as a witness before the Registrar, having been offered reasonable expenses to appear; or
(ii) answer a question put by the Registrar; or
(iii) produce a document or article to the Registrar; or
(iv) be sworn or make an affirmation in proceedings before the Registrar; and
(b) the person engages in conduct; and
(c) the person knows or is reckless as to whether the person’s conduct contravenes the requirement.
Penalty: 30 penalty units.
(2) Subsection (1) does not apply if the person has a lawful excuse.
> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3) A person is excused from the requirements of paragraph (1)(a) if those requirements might tend to incriminate the person or expose the person to a penalty.
> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4) In this section:
> engage in conduct means:
(a) do an act; or
(b) omit to do an act.