Subdivision 4 General
122T Criminal proceedings relating to compliance with
requirements under this Division
(1) A person is not guilty of an offence under section 125 in respect
of a neglect or failure to comply with a requirement made of the person under
this Division if the person satisfies the court that the person had a lawful
excuse for doing so.
(2) A person must not furnish any information or do any other thing in
purported compliance with a requirement made under this Division that the
person knows is false or misleading in a material
(3) A person must not wilfully delay or obstruct an authorised officer
in the exercise of the authorised officer’s powers under this
(4) Despite section 126, the maximum penalty for an offence under
section 125 arising under this Division is:
(a) in the case of a corporation—$250,000 and, in the case of a
continuing offence, a further penalty of $120,000 for each day the offence
(b) in the case of an individual—$120,000 and, in the case of a
continuing offence, a further penalty of $60,000 for each day the offence
122U Provisions relating to requirements to furnish records,
information or answer questions
(1) Warning to be given on each occasion
A person is not guilty of an offence of failing to comply with a
requirement under this Division to furnish records or information or to answer
a question unless the person was warned on that occasion that a failure to
comply is an offence.
(2) Self-incrimination not an excuse
A person is not excused from a requirement under this Division to
furnish records or information or to answer a question on the ground that the
record, information or answer might incriminate the person or make the person
liable to a penalty.
(3) Information or answer not admissible if objection
However, any information furnished or answer given by a natural
person in compliance with a requirement under this Division is not admissible
in evidence against the person in criminal proceedings (except proceedings for
an offence under this Division) 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) Records admissible
Any record furnished by a person in compliance with a requirement
under this Division is not inadmissible in evidence against the person in
criminal proceedings on the ground that the record might incriminate the
(5) Further information
Further information obtained as a result of a record or
information furnished or of an answer given in compliance with a requirement
under this Division is not inadmissible on the ground:
(a) that the record or information had to be furnished or the answer
had to be given, or
(b) that the record or information furnished or answer given might
incriminate the person.
122V Miscellaneous provisions relating to notices
(1) More than one notice under a provision of this Division may be
given to the same person.
(2) A notice given under this Division may be revoked or varied by a
subsequent notice or notices (including by extending the time for compliance
with the notice).
(3) A notice may be given under this Division to a person in respect
of a matter or thing even though the person is outside the State or the matter
or thing occurs or is located outside the State, so long the matter or thing
affects the environment of this State.