Workers' (Occupational Diseases) Relief Fund Act 1954
46Offences and penalties
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46 Offences and penalties
(1) *[Section 46 Subsection (1) substituted by No. 44 of 1993, s. 12 ]*A person must not –
(a) fail to furnish any information or perform any duty as and when required by or under this Act or fail to comply with any lawful requirement of the Secretary under this Act; or
(b) without just cause, fail to attend and give evidence before the Secretary when so required pursuant to section 36 ; or
(c) fail to answer fully and truthfully any question that is put to him or her when attending before the Secretary or to produce any book, document or paper that he or she is required pursuant to that section to produce; or
(d) give to the Secretary any information, whether verbally or in writing, that is false or misleading in a material particular; or
(e) in the case of an employee, fail to comply with any provision of this Act requiring him or her to present himself or herself for a medical examination or to undergo any test or treatment.
Penalty: Fine of not less than 5 penalty units and not more than 10 penalty units.
(2) *[Section 46 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 46 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 46 Subsection (2) amended by No. 44 of 1993, s. 14 and Sched. 1 ]*A person who, after conviction for an offence against paragraph (a) or paragraph (b) of subsection (1) of this section, continues to fail to comply with any requirement of this Act or of the Secretary in respect of which he was convicted, is liable to a fine of not less than 10 penalty units or more than 100 penalty units.
(3) It is a defence to proceedings in respect of an offence against paragraph (d) of subsection (1) of this section if the defendant proves that the return or information to which the proceedings relate was given in good faith and without negligence.
(4) *[Section 46 Subsection (4) amended by No. 55 of 1965, s. 5 ]**[Section 46 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*No person shall, except in the performance of his duties under this Act, divulge any information as to the health of an employee that is acquired by him in the performance of his duties, except to that employee.