Commonwealth Numbered Acts

FUTURES INDUSTRY ACT 1986 No. 72 of 1986 - SECT 15

15. (1) A person shall not, without reasonable excuse, refuse or fail to
comply with a requirement made under section 13 or 14.
Penalty: $10,000 or imprisonment for 2 years, or both.

(2) A person shall not, in purported compliance with a requirement made under
section 13 or 14, 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
it is established that the defendant 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 13; or

   (b)  a person executing a warrant under section 14.
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 14 (1) shall provide the
last-mentioned person with all reasonable facilities and assistance for the
effective exercise of the last-mentioned person's 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 the person in
accordance with section 13 or 14 on the ground that the statement might tend
to incriminate the person but, where the person claims before making a
statement that the statement might tend to incriminate the person, the
statement is not admissible in evidence against the person in any 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 13 or 14 may be used in evidence in any
criminal or civil proceedings against the person.