Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where under
section 19 a person is required by the Commissioner to give any
information, answer any question or produce any document and that person,
without reasonable excuse —
(a)
fails to give that information or answer that question at or within the time
specified in that requirement;
(b)
gives any information or answer that is false in any particular; or
(c)
fails to produce that document at or within the time specified in that
requirement,
the person commits an
offence.
Penalty: $1 000.
(2) It is a defence in
any proceeding for an offence under subsection (1)(a) or (c) for the
accused to show —
(a)
that, in the case of an alleged offence arising out of a requirement made
orally under section 19, the Commissioner did not when making the
requirement, inform him that he was required under this Act or the other Act
that is relevant to give the information or answer the question, as the case
may be;
(b)
that, in the case of an alleged offence arising out of a requirement made by
notice in writing under section 19, the notice did not state that he was
required under this Act or the other Act that is relevant to give the
information, answer the question or produce the document, as the case may be;
or
(c) that
the time specified in the requirement did not afford him sufficient notice to
enable him to comply with the requirement.
[Section 21 amended by No. 21 of 1975
s. 14; No. 1 of 1985 s. 11; No. 17 of 1988 s. 5; No.
55 of 2004 s. 142; No. 84 of 2004 s. 82.]