Commonwealth Numbered Regulations

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DEFENCE (INQUIRY) REGULATIONS 2018 (F2018L00316) - REG 29

Failing or refusing to comply with notice to produce documents or things relevant to inquiry

             (1)  A person commits an offence if:

                     (a)  the person is given a notice under section 18; and

                     (b)  the person fails or refuses to comply with the notice.

Penalty:  20 penalty units.

             (2)  Subsection (1) does not apply to the extent that:

                     (a)  the person believes on reasonable grounds that compliance with the notice is likely to cause damage to the defence, security or international relations of the Commonwealth; or

                     (b)  it would be unduly onerous for the person to comply with the notice.

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



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