95Offence to fail to comply with notice to produce

95 Offence to fail to comply with notice to produce

(1) A person to whom a notice to produce under section 94 is given must not refuse or fail to comply with the notice without a reasonable excuse.

Penalty: 300 penalty units, in the case of a body corporate;

60 penalty units, in any other case.

(2) It is a reasonable excuse for an individual to refuse or fail to comply with a notice to produce if—

(a) producing the document or thing specified in the notice would tend to incriminate the individual; or

(b) producing the document or thing would be a breach of legal professional privilege or client legal privilege.

(3) A document or thing produced as a result of a notice to produce is not admissible in evidence against the individual in any criminal proceeding.