8Offences

8 Offences

(1) A person shall not fail to answer a question or produce a document when required to do so in pursuance of section 7.

Penalty: 1 penalty unit.

(1A) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(1B) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) A person shall not obstruct or hinder an authorised officer acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Penalty: 5 penalty units.

(3A) Subsection (3) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).

(4) A person shall not assault or threaten an authorised officer acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Penalty: 10 penalty units or imprisonment for 6 months, or both.

(5) For the purposes of an offence against subsection (3) or (4), strict liability applies to the following physical elements of circumstance of the offence: (a) that the person obstructed or hindered is an authorised officer; (b) that the authorised officer is acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Note: For strict liability, see section 6.2 of the Criminal Code.