211Failing to comply with a production order

211 Failing to comply with a production order

(1) A person commits an offence if: (a) the person is given a *production order in relation to a *property‑tracking document; and (b) the person fails to comply with the order; and (c) the person has not been notified of sufficient compliance under subsection (2).

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Note: Sections 137.1 and 137.2 of the Criminal Code also create offences for providing false or misleading information or documents.

(2) A person is notified of sufficient compliance under this subsection if: (a) the person gives an *authorised officer a statutory declaration stating that the person does not have possession or control of the document; and (b) the officer notifies the person in writing that the statutory declaration is sufficient compliance with the *production order. (3) It is a defence to an offence against subsection (1) if: (a) the person fails to comply with the *production order only because the person does not produce one or more documents specified in the order within the time specified in the order; and (b) the person took all reasonable steps to produce the document or documents within that time; and (c) the person produces the document or documents as soon as practicable after that time.

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