CTHRepealedAct
Law Enforcement Integrity Commissioner Act 2006
78Failure to comply with notice
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#### 78 Failure to comply with notice
(1) A person commits an offence if:
(a) the person is served with a notice under section 75; and
(b) the person fails to comply with the notice:
(i) within the period specified in the notice; or
(ii) if the Integrity Commissioner has allowed the person further time under subsection 76(3)—within such further time.
Penalty: Imprisonment for 2 years.
> Note 1: If a notice requires a document or thing to be produced, a legal practitioner may refuse to produce the document or thing in certain circumstances: see section 79.
> Note 2: This section is not subject to the privilege against self‑incrimination but there are limits on the uses to which the evidence the person gives may be put: see section 80.
(2) In proceedings for an offence against subsection (1), it is a defence if it is not reasonably practicable for the person to comply with the notice:
(a) within the period specified in the notice; or
(b) within such further time as allowed by the Integrity Commissioner under subsection 76(3).
> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.