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FAIR TRADING ACT 2010 - SECT 88

FAIR TRADING ACT 2010 - SECT 88

88 .         Failing to cooperate with investigation

        (1)         A person commits an offence who, without reasonable excuse (proof of which lies on the person), when required under Division 3 or 4A to give any information, answer any question or produce any document or thing —

            (a)         fails to give that information or answer that question at or within the time specified in the requirement; or

            (b)         gives any information or answer that is false or misleading in any material particular; or

            (c)         fails to produce that document or thing at or within the time specified in the requirement.

        Penalty: a fine of $10 000.

        (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 69, the authorised person did not, when making the requirement, inform the accused that he or she was required under this Act or the other Act that is relevant to give the information, answer the question or produce the document or thing, as the case requires; or

            (b)         that, in the case of an alleged offence arising out of a requirement made by notice in writing under section 69, the notice did not state that the accused was required under this Act or the other Act that is relevant to give the information, answer the question or produce the document or thing, as the case requires; or

            (c)         that the time specified in the requirement did not give the accused sufficient notice to enable him or her to comply with the requirement; or

            (d)         that, in any case, the authorised person did not, before making the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist in the investigation or inquiry being carried out.

        [Section 88 amended: No. 58 of 2010 s. 9.]