Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where under
section 15 a person is required by the Registrar or an inspector to give
any information, answer any question, or produce any document and that person,
without reasonable excuse (proof of which shall lie on him) —
(a)
fails to give that information or answer that question at or within the time
specified in the 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 the
requirement,
the person commits an
offence.
Penalty: $3 000.
(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 15, the Registrar or the inspector did not, when
making the requirement, inform him that he was required under this Act 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 15, the notice did not state that he was
required under this Act to give the information, answer the question, or
produce the document, as the case may be;
(c) that
the time specified in the requirement did not afford him sufficient notice to
enable him to comply with the requirement; or
(d)
that, in any case, the Registrar or the inspector 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 17 amended by No. 43 of 1994
s. 11; No. 84 of 2004 s. 82.]