Northern Territory Consolidated Acts

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL PROPERTY FORFEITURE ACT - SECT 25

Complying with production orders

25. Complying with production orders

(1) A person who, without reasonable excuse, fails to comply with a production order commits an offence.

Penalty: If the offender is a natural person - 1 000 penalty units or imprisonment for 5 years.

If the offender is a body corporate - 5 000 penalty units.

(2) A person commits an offence if the person, in purported compliance with a production order, produces or makes available to the DPP or a member of the Police Force a document that the person knows, or could reasonably be expected to know, is false or misleading in a material particular.

Penalty: If the offender is a natural person - 1 000 penalty units or imprisonment for 5 years.

If the offender is a body corporate - 5 000 penalty units.

(3) Despite subsection (2), a person does not commit an offence if, as soon as practicable after becoming aware that a document produced is false or misleading, the person -

(a) tells the DPP or a member of the Police Force that the document is false or misleading;

(b) indicates the respects in which it is false or misleading; and

(c) gives the DPP or a member of the Police Force any correct information that is in the person's possession or control.

(4) A person is not excused from complying with a production order on the grounds that complying with the order would tend to incriminate the person or expose him or her to a penalty.

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

(6) Any information contained in a property-tracking document produced under a production order, or any statement or disclosure made by a person in the course of complying with a production order, is admissible in 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.



[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]