PROCEEDS OF CRIME ACT 1987 - SECT 68 Failure to comply with production order
PROCEEDS OF CRIME ACT 1987 - SECT 68
Failure to comply with production order(1) Where a person is required by a production order to produce a document to a police officer or make a document available to a police officer for inspection, the person commits an offence against this subsection if the person:
(b) in purported compliance with the order produces or makes available a document known to the person to be false or misleading in a material particular without:
(i) indicating to the police officer to whom the document is produced or made available that the document is false or misleading and the respect in which the document is false or misleading; and
(ii) providing correct information to the police officer if the person is in possession of, or can reasonably acquire, the correct information.
(1A) Paragraph ( 1)(a) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection ( 1A) (see subsection 13.3(3) of the Criminal Code ).
(2) An offence against subsection ( 1) is punishable, upon conviction, by:
(a) if the offender is a natural person-- imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units , or both; or
(b) if the offender is a body corporate--a fine not exceeding
500 penalty units .