Commonwealth Numbered Acts

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COMPANIES ACT 1981 No. 89 of 1981 - SECT 14

Offences

14. (1) A person shall not, without reasonable excuse, refuse or fail to
comply with a requirement made under section 12 or 13.

Penalty: $10,000 or imprisonment for 2 years, or both.

(2) A person shall not, in purported compliance with a requirement made under
section 12 or 13, furnish information or make a statement that is false or
misleading in a material particular.

Penalty: $10,000 or imprisonment for 2 years, or both.

(3) It is a defence to a prosecution for an offence against sub-section (2) if
the defendant proves that he believed on reasonable grounds that the
information or statement was true and was not misleading.

(4) A person shall not, without reasonable excuse, obstruct or hinder-

   (a)  the Commission or another person in the exercise of any power under
        section 12; or

   (b)  a person executing a warrant issued under section 13.

Penalty: $10,000 or imprisonment for 2 years, or both.

(5) The occupier or person in charge of any premises that a person enters
pursuant to a warrant referred to in sub-section 13 (1) shall provide the
last-mentioned person with all reasonable facilities and assistance for the
effective exercise of his powers under the warrant.

Penalty: $2,500 or imprisonment for 6 months, or both.

(6) A person is not excused from making a statement providing an explanation
as to any matter relating to the compilation of any books or as to any matter
to which any books relate pursuant to a requirement made of him in accordance
with section 12 or 13 on the ground that the statement might tend to
incriminate him but, where the person claims before making a statement that
the statement might tend to incriminate him, the statement is not admissible
in evidence against him in criminal proceedings other than proceedings under
this section.

(7) Subject to sub-section (6), a statement made by a person in compliance
with a requirement made under section 12 or 13 may be used in evidence in any
criminal or civil proceedings against the person. 


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