Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if the Titles Administrator has reason to believe that a document:
(a) is in the possession or under the control of a person; and
(b) relates to:
(i) a transfer or dealing for which approval is sought under this Chapter; or
(ii) an application under section 482, 484 or 505.
Requirement
(2) The Titles Administrator may, by written notice given to the person, require the person:
(a) to produce the document to the Titles Administrator, within the period and in the manner specified in the notice; or
(b) to make the document available for inspection by or on behalf of the Titles Administrator.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence of strict liability if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Note: For strict liability, see section 6.1 of the Criminal Code .
(6) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person:
(i) produces a document to the Titles Administrator; or
(ii) makes a document available for inspection by or on behalf of the Titles Administrator; and
(c) the person does so knowing that the document is false or misleading in a material particular; and
(d) the document is produced or made available in compliance or purported compliance with the notice.
Civil penalty
(6A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(6B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914 .
(6C) The maximum civil penalty for each day that a contravention of subsection (6A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (6A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
(7) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (6);
(c) subsection (6A);
(d) subsection (6B);
(e) subsection (6C).
Note: The same conduct may be an offence against both subsection (6) of this section and section 137.2 of the Criminal Code .