QLDIn ForceAct
Public Officers Superannuation Benefits Recovery Act 1988
sec.29Offences arising from s 28
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### sec.29 Offences arising from s 28
A person who—
fails to comply with a requisition directed to the person under section 28 (1) ; or
obstructs or attempts to obstruct an exercise of authority conferred by section 28 (3) ;
commits an offence against this Act.
Maximum penalty—10 penalty units or 3 months imprisonment.
An offence consisting in failure to comply with a requisition shall be deemed to continue for as long as the requisition is not complied with, notwithstanding that the time within which it was to be complied with has elapsed, and—
the offender may be prosecuted and penalised from time to time in respect of the failure until the requisition is complied with but shall not be so prosecuted more than once in respect of the same period;
the court by which the offender is convicted of the offence may, in addition to any penalty imposed under subsection (1) , order the offender to pay a penalty not exceeding 1 penalty unit for each day on which the offence is deemed to have continued to the date of conviction.
The court that convicts a person of an offence consisting in failure to comply with a requisition may, in addition to any penalty imposed pursuant to subsection (1) or (2) and notwithstanding that the time within which the requisition was to be complied with has elapsed, order the offender to comply with the requisition and may therein specify a time within which the order is to be complied with.
A person who fails to comply with an order made pursuant to subsection (3) commits an offence against this Act.
Maximum penalty—35 penalty units or 6 months imprisonment.
s 29 amd 1995 No. 57 s 4 sch 1
(sec.29-ssec.1) A person who— fails to comply with a requisition directed to the person under section 28 (1) ; or obstructs or attempts to obstruct an exercise of authority conferred by section 28 (3) ; commits an offence against this Act. Maximum penalty—10 penalty units or 3 months imprisonment.
(sec.29-ssec.2) An offence consisting in failure to comply with a requisition shall be deemed to continue for as long as the requisition is not complied with, notwithstanding that the time within which it was to be complied with has elapsed, and— the offender may be prosecuted and penalised from time to time in respect of the failure until the requisition is complied with but shall not be so prosecuted more than once in respect of the same period; the court by which the offender is convicted of the offence may, in addition to any penalty imposed under subsection (1) , order the offender to pay a penalty not exceeding 1 penalty unit for each day on which the offence is deemed to have continued to the date of conviction.
(sec.29-ssec.3) The court that convicts a person of an offence consisting in failure to comply with a requisition may, in addition to any penalty imposed pursuant to subsection (1) or (2) and notwithstanding that the time within which the requisition was to be complied with has elapsed, order the offender to comply with the requisition and may therein specify a time within which the order is to be complied with.
(sec.29-ssec.4) A person who fails to comply with an order made pursuant to subsection (3) commits an offence against this Act. Maximum penalty—35 penalty units or 6 months imprisonment.
- (a) fails to comply with a requisition directed to the person under section 28 (1) ; or
- (b) obstructs or attempts to obstruct an exercise of authority conferred by section 28 (3) ;
- (a) the offender may be prosecuted and penalised from time to time in respect of the failure until the requisition is complied with but shall not be so prosecuted more than once in respect of the same period;
- (b) the court by which the offender is convicted of the offence may, in addition to any penalty imposed under subsection (1) , order the offender to pay a penalty not exceeding 1 penalty unit for each day on which the offence is deemed to have continued to the date of conviction.