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CRIME AND CORRUPTION ACT 2001 - SECT 188
Refusal to produce—claim of reasonable excuse
188 Refusal to produce—claim of reasonable excuse
(1) This section applies if a person is required to produce a stated document
or thing— (a) to an identified commission officer under a notice to discover
under section 75 ; or
(b) at a commission hearing under an attendance notice;
or
(c) under a section 75B requirement.
(2) The person must— (a) in all
cases, bring the document or thing to the commission officer or to the hearing
if the document or thing is in the person’s possession; and
(b) produce the
document or thing to the commission officer or at the hearing, unless the
person has a reasonable excuse.
Penalty— Maximum penalty—200 penalty
units or 5 years imprisonment.
(3) It is not a reasonable excuse for
subsection (2) (b) to fail to produce the document or thing because producing
the document or thing might tend to incriminate the person.
(4) Section 197
does not apply to a document or thing produced under this section.
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