Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PROCEEDS OF CRIME ACT 2002 - SECT 218

Failing to comply with a notice

  (1)   A person commits an offence if:

  (a)   the person is given a notice under section   213; and

  (b)   the person fails to comply with the notice:

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

Note:   Sections   137.1 and 137.2 of the Criminal Code also create offences for providing false or misleading information or documents.

  (2)   It is a defence to an offence against subsection   (1) if:

  (a)   the person fails to comply with the notice only because the person does not provide the information or a document within the period specified in the notice; and

  (b)   the person took all reasonable steps to provide the information or document within that period; and

  (c)   the person provides the information or document as soon as practicable after the end of that period.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

 



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback