sec.8AGOffence to contravene information requirement

### sec.8AG Offence to contravene information requirement A person of whom an information requirement is made must comply with the information requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment. It is a reasonable excuse for the person not to give the information if— for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or the information is the subject of legal professional privilege. Subsection (2) does not limit what is a reasonable excuse. It is a defence to a prosecution for an offence against subsection (1) for the person to prove the person— could not reasonably comply with the information requirement within the period stated in the requirement; and took reasonable steps to comply with the information requirement; and gave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement. Subsection (1) applies despite any requirement to maintain confidentiality or other restriction on giving the information, whether imposed under an Act or a rule of law, unless the Act expressly overrides this section. See section 8AQ for the person’s protection from liability for giving the information. A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, the person’s noncompliance with the information requirement is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment. s 8AG ins 2016 No. 42 s 28 (sec.8AG-ssec.1) A person of whom an information requirement is made must comply with the information requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment. (sec.8AG-ssec.2) It is a reasonable excuse for the person not to give the information if— for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or the information is the subject of legal professional privilege. (sec.8AG-ssec.3) Subsection (2) does not limit what is a reasonable excuse. (sec.8AG-ssec.4) It is a defence to a prosecution for an offence against subsection (1) for the person to prove the person— could not reasonably comply with the information requirement within the period stated in the requirement; and took reasonable steps to comply with the information requirement; and gave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement. (sec.8AG-ssec.5) Subsection (1) applies despite any requirement to maintain confidentiality or other restriction on giving the information, whether imposed under an Act or a rule of law, unless the Act expressly overrides this section. See section 8AQ for the person’s protection from liability for giving the information. (sec.8AG-ssec.6) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, the person’s noncompliance with the information requirement is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment. - (a) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or - (b) the information is the subject of legal professional privilege. - (a) could not reasonably comply with the information requirement within the period stated in the requirement; and - (b) took reasonable steps to comply with the information requirement; and - (c) gave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement. - (a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or - (i) seriously endanger the health or safety of any person; or - (ii) cause serious damage to property; or - (iii) cause serious pollution of the environment; or - (iv) seriously prejudice the effective management or resolution of the emergency situation; or - (b) knows that, or is reckless as to whether, the person’s noncompliance with the information requirement is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation. - (i) seriously endanger the health or safety of any person; or - (ii) cause serious damage to property; or - (iii) cause serious pollution of the environment; or - (iv) seriously prejudice the effective management or resolution of the emergency situation. - (i) seriously endanger the health or safety of any person; or - (ii) cause serious damage to property; or - (iii) cause serious pollution of the environment; or - (iv) seriously prejudice the effective management or resolution of the emergency situation; or - (i) seriously endanger the health or safety of any person; or - (ii) cause serious damage to property; or - (iii) cause serious pollution of the environment; or - (iv) seriously prejudice the effective management or resolution of the emergency situation.