Commonwealth Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 62

             (1)   A person commits an offence if:

                     (a)  the person has been given an examination notice; and

                     (b)  the person fails:

                              (i)  to give information or produce a document in accordance with the notice; or

                             (ii)  to attend to answer questions in accordance with the notice; or

                            (iii)  to take an oath or make an affirmation, when required to do so under subsection 61F(4); or

                            (iv)  to answer questions relevant to the investigation while attending as required by the examination notice.

Note:          A court may impose a maximum penalty of 30 penalty unit s instead of, or in addition to, a term of imprisonment. A body corporate that is convicted of an offence may be fined up to 5 times that maximum penalty (see subsections 4B(2) and (3) of the Crimes Act 1914 ).

Penalty:  Imprisonment for 6 months.

             (2)  This Part does not require a person to give information, produce a document or answer questions if to do so would disclose information that:

                     (a)  is the subject of legal professional privilege; or

                     (b)  would be protected by public interest immunity.

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