5Furnishing of information

5 Furnishing of information

(1) For the purpose of enabling the collection of statistics referred to in section 4, the Secretary may, subject to subsection (2), by notice in writing, require a person: (a) to furnish to the Secretary, or to a person specified in the notice acting on behalf of the Secretary, such information as is specified in the notice, being information relating to a matter specified in any of the paragraphs of subsection 4(1); or (b) to produce to the Secretary, or to a person specified in the notice acting on behalf of the Secretary, books or documents specified in the notice, being books or documents that contain information that relates, or may relate, to a matter specified in any of the paragraphs of subsection 4(1); within such reasonable time and in such manner as is specified in the notice. (2) The powers of the Secretary under subsection (1) to require a person to produce books or documents are exercisable only for the purpose of enabling the Secretary to verify the accuracy of information furnished by the person in pursuance of a requirement under paragraph (1)(a). (3) A person must not fail to comply with a requirement under subsection (1).

Penalty: 5 penalty units.

(4) It is a defence to a prosecution for an offence against subsection (1) if the defendant complies with the requirement to the extent to which he or she is capable.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

(5) Strict liability applies to an offence under subsection (3).

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

(6) A person commits an offence if: (a) the person does an act with the intention of avoiding the requirements of this section; and (b) the act results in the destruction, mutilation, defacing, concealment or removal of a book or document.

Penalty for a contravention of this subsection: 5 penalty units.