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EMERGENCY MANAGEMENT ACT 2004 - SECT 28A

EMERGENCY MANAGEMENT ACT 2004 - SECT 28A

28A—Offences against Part 4 Division 6

        (1)         A person who fails to comply with a direction of the Minister under section 27C is guilty of an offence.

Maximum penalty: $250 000.

        (2)         A person required to give information, or produce documents, to the Minister under section 27D must provide the information or produce documents within the time, or at the times, specified by that Minister.

Maximum penalty: $100 000.

        (3)         A prosecution for an offence against subsection (1) or (2) may only be commenced with the consent of the Minister.

        (4)         In any legal proceedings an apparently genuine certificate, purporting to be signed by the Minister, certifying that the Minister consented to the commencement of a prosecution referred to in subsection (3) will, in the absence of proof to the contrary, be accepted as proof of the matters so certified.

        (5)         An offence against subsection (1) or (2) may be prosecuted as an indictable offence or summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $10 000.

        (6)         In this section—

"Minister" has the same meaning as in Part 4 Division 6.