30Offences

30 Offences

(3) A person shall not fail: (a) to attend before an officer of the Department; or (b) to answer a question or produce a document or other record; when so required under this Act.

Penalty:

(a) in the case of a natural person—$1,000 or imprisonment for 6 months, or both; or
(b) in the case of a body corporate—$5,000.

(4) An offence under subsection (3) is an offence of strict liability.

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

(5) Subsection (3) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

(7) A person must not be convicted of: (a) both an offence against section 135.2 of the Criminal Code and an offence against or arising out of subsection 17(1) of this Act; or (b) both an offence against section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code; in respect of the same claim for a grant. (8) A reference in subsection (7) to a person being convicted of an offence includes a reference to an order being made under section 19B of the Crimes Act 1914 in relation to the person in respect of an offence.