Northern Territory Consolidated Acts

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CRIMINAL PROPERTY FORFEITURE ACT - SECT 21

Complying with examination orders

21. Complying with examination orders

(1) If an owner of restrained property who is or is to be examined in connection with the property under an examination order fails to comply with the order or the examiner's requirements under the order -

(a) the owner is not entitled to file an objection to the restraint of the property;

(b) if the owner has already filed an objection - the objection is of no effect; and

(c) the owner commits an offence.

(2) A person convicted of an offence against subsection (1) is liable to a penalty of -

(a) if the offender is a natural person - 1 000 penalty units or an amount equal to the value of the property, whichever is greater, or imprisonment for 5 years; or

(b) if the offender is a body corporate - 5 000 penalty units or an amount equal to the value of the property, whichever is greater.

(3) If a person who is or is to be examined under an examination order in connection with another person's wealth, liabilities, income or expenditure fails to comply with the order or the examiner's requirements under the order, the person commits an offence.

Penalty: If the offender is a natural person - 500 penalty units or imprisonment for 2 years.

If the offender is a body corporate - 2 500 penalty units.

(4) Without limiting subsection (1) or (3), a person who is examined under an examination order fails to comply with the order for the purposes of the respective subsection if -

(a) the person fails to disclose material information, or gives false information or a false document, in purported compliance with the order; and

(b) the person was aware, or could reasonably have been expected to have been aware, that the information was material or that the information or document was false.

(5) A person is not excused from complying with an examination order or the examiner's requirements under the order on the grounds that complying with the order -

(a) would tend to incriminate the person or expose him or her to a penalty; or

(b) could result in the forfeiture of property.

(6) A person is not excused from complying with an examination order on the grounds that complying with the order would be in breach of an obligation of the person not to disclose information, or not to disclose the existence or contents of a document, whether the obligation arose under an Act or otherwise.

(7) A statement or disclosure made by a person in the course of complying with an examination order is admissible as evidence against the person -

(a) in a proceeding against the person for an offence against this section;

(b) in any civil proceeding; and

(c) in any proceeding under this Act that could lead to the forfeiture of property owned, effectively controlled or given away by the person, but only for the purpose of facilitating the identification of such property.



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