CTHRepealedAct
Fair Work (Building Industry) Act 2012
52Offence—failure to comply with examination notice
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#### 52 Offence—failure to comply with examination notice
(1) A person commits an offence if:
(a) the person has been given an examination notice under section 50; and
(b) the person fails:
(i) to give the required information by the time, and in the manner and form, specified in the notice; or
(ii) to produce the required documents by the time, and in the manner, specified in the notice; or
(iii) to attend to answer questions at the time and place specified in the notice; or
(iv) to take an oath or make an affirmation, if required to do so under subsection 51(4); or
(v) to answer questions relevant to the investigation while attending as required by the notice.
Penalty: Imprisonment for 6 months.
> Note: A court may impose a maximum fine of 30 penalty units instead of, or in addition to, a term of imprisonment. A body corporate that is convicted of an offence may be fined up to 5 times that maximum fine. (See subsections 4B(2) and (3) of the Crimes Act 1914.)
(2) This Part does not require a person to give information, produce a document or answer questions if to do so would disclose information that:
(a) is the subject of legal professional privilege; or
(b) would be protected by public interest immunity.
> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).