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.]