- (1)
- A person commits an offence if the person does not:
- (a)
- comply with a
notice under paragraph 20.10 (1) (a) requiring the person to
complete and serve a Form 13;
- (b)
- comply with an order that the person complete and file a Form 13 or
produce copies of documents to the payee (see paragraph
20.10 (1) (b));
- (c)
- if the person is served with an enforcement hearing application:
- (i)
- comply with subparagraph 20.12 (1) (a) (ii) and paragraph
20.12 (1) (b); and
- (ii)
- attend the enforcement hearing in accordance with the application or an
order; or
- (d)
- on attending an enforcement hearing in accordance with an enforcement
hearing application or order, answer a question put to the person to the
court's satisfaction.
Penalty:
50 penalty units.
- (2)
- An offence against subrule (1) is an offence
of strict liability.
Note
A court may issue a warrant for the arrest of a
payer if it is satisfied that the payer has received an enforcement hearing
application and did not attend the enforcement hearing (see rule 21.16).
- (3)
- If a person is prosecuted under section 112AP of the Act for an act or
omission mentioned in subrule (1), an application must not be made under
subrule (1) in respect of that act or omission.