Education and Care Services Act 2013
sec.180Offence to contravene document certification requirement
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sec.180 Offence to contravene document certification requirement
A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units. It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 189 . The authorised officer must inform the person, in a way that is reasonable in the circumstances— that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and that, under section 189 , there is a limited immunity against the future use of the information or document given in compliance with the requirement. If the person fails to comply with the document certification requirement when the authorised officer has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) . (sec.180-ssec.1) A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (sec.180-ssec.2) It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 189 . (sec.180-ssec.3) The authorised officer must inform the person, in a way that is reasonable in the circumstances— that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and that, under section 189 , there is a limited immunity against the future use of the information or document given in compliance with the requirement. (sec.180-ssec.4) If the person fails to comply with the document certification requirement when the authorised officer has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .
- (a) that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and
- (b) that, under section 189 , there is a limited immunity against the future use of the information or document given in compliance with the requirement.