QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.105ROffence to contravene document production requirement
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### sec.105R Offence to contravene document production requirement
A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—200 penalty units.
It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might—
tend to incriminate the person or expose the person to a penalty; or
disclose commercial in confidence information or expose the person to a risk of financial loss.
The investigator must inform the person, in a way that is reasonable in the circumstances, that the person must comply with the document production requirement even though complying with the requirement might—
tend to incriminate the person or expose the person to a penalty; or
disclose commercial in confidence information or expose the person to a risk of financial loss.
If the person fails to comply with the document production requirement and the investigator has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .
If a court convicts a person of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.
s 105R ins 2017 No. 29 s 22
amd 2017 No. 43 s 294 (1)
(sec.105R-ssec.1) A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.
(sec.105R-ssec.2) It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might— tend to incriminate the person or expose the person to a penalty; or disclose commercial in confidence information or expose the person to a risk of financial loss.
(sec.105R-ssec.3) The investigator must inform the person, in a way that is reasonable in the circumstances, that the person must comply with the document production requirement even though complying with the requirement might— tend to incriminate the person or expose the person to a penalty; or disclose commercial in confidence information or expose the person to a risk of financial loss.
(sec.105R-ssec.4) If the person fails to comply with the document production requirement and the investigator has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .
(sec.105R-ssec.5) If a court convicts a person of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.
- (a) tend to incriminate the person or expose the person to a penalty; or
- (b) disclose commercial in confidence information or expose the person to a risk of financial loss.
- (a) tend to incriminate the person or expose the person to a penalty; or
- (b) disclose commercial in confidence information or expose the person to a risk of financial loss.