Division 3113 Offence not to comply with direction
(1) A person must not, without reasonable excuse, fail to comply with a direction under this Part.Maximum penalty: 50 penalty units.
(2) A person who furnishes any information in purported compliance with a direction under this Part, knowing that the information is false or misleading in a material respect, is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
114 Provisions relating to requirements to furnish documents, information or answer questions
(1) A person is not guilty of an offence of failing to comply with a direction under this Part to furnish documents or information, or to answer a question, unless the person was warned on that occasion that a failure to comply is an offence.(2) A person is not excused from a direction under this Part to furnish documents or information, or to answer a question, on the ground that the document, information or answer might incriminate the person or make the person liable to a penalty.(3) However, any information furnished or answer given by a natural person in compliance with a direction under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under section 113 (2)) if:(a) the person objected at the time to doing so on the ground that it might incriminate the person, or(b) the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.(4) Any document furnished by a person in compliance with a direction under this Part is not inadmissible in evidence against the person in criminal proceedings by reason only that the document incriminates the person.(5) Further information obtained as a result of a document or information furnished, or of an answer given, in compliance with a direction under this Part is not inadmissible by reason only:(a) that the document or information had to be furnished or the answer had to be given, or(b) that the document or information furnished or answer given incriminates the person.(6) This section extends to a request under this Part to state a person’s name and address.
115 Offence to impersonate authorised officer
A person who impersonates an authorised officer is guilty of an offence.Maximum penalty: 100 penalty units.
116 Offence to obstruct or assault persons exercising their functions
(cf 1991 Act, ss 10F (2) and 74)
(1) A person who intimidates or wilfully obstructs or hinders another person exercising, or attempting to exercise, a function under this Act or the regulations is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
(2) A person who assaults an authorised officer exercising, or attempting to exercise, a function under this Act or the regulations is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
(1) Proceedings for an offence under a provision of this Act or the regulations may be disposed of in a summary manner before the Local Court or before the Supreme Court in its summary jurisdiction.(2) Subject to subsection (3), proceedings for an offence under such a provision may be commenced at any time within 12 months after the offence was allegedly committed.(3) Proceedings for an offence under a provision of Division 5 of Part 3 or section 83 or 84 may be commenced at any time within 2 years after the date on which the offence was allegedly committed.(4) The maximum monetary penalty that may be imposed by the Local Court for an offence under a provision referred to in subsection (1) is 100 penalty units or the maximum monetary penalty elsewhere provided in the provision concerned, whichever is the lesser.
(1) An authorised officer may serve a penalty notice on a person if it appears to the authorised officer that the person has committed an offence against a provision of this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice under this section is declared to be a penalty notice for the purposes of the Fines Act 1996.(4) A penalty notice may be served personally or by post.(5) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(6) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(7) The regulations:(a) may prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) may prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) may prescribe different amounts of penalties for different offences or classes of offences.(8) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(9) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(cf 1991 Act, s 78)
(1) If a corporation commits an offence under a provision of this Act or the regulations, each person who is a director of the corporation, or who is concerned in the management of the corporation, is to be taken to have committed the same offence if the person knowingly authorised or permitted the act or omission constituting the offence.(2) Subsection (1) does not apply in respect of an offence under a provision of this Act or the regulations that is declared by the regulations to be an excluded provision for the purposes of this section.(3) A person may be proceeded against and convicted under such a provision whether or not the corporation has been proceeded against or convicted under that provision.(4) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under such a provision.
(1) A person who is guilty of an offence because the person fails to comply with a requirement made by or under this Act or the regulations (whether the requirement is imposed by a notice or otherwise) to do or cease to do something (whether or not within a specified period or before a particular time):(a) continues, until the requirement is complied with and despite the fact that any specified period has expired or time has passed, to be liable to comply with the requirement, and(b) is guilty of a continuing offence for each day the contravention continues.(2) This section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.(3) This section does not apply to the extent that a requirement of a notice is revoked.