Queensland Consolidated Acts

FOREIGN OWNERSHIP OF LAND REGISTER ACT 1988 - SECT 24

24 Offence not to comply with s 22

(1) A person who contravenes a requirement made of the person under section 22 (1) commits an offence against this Act.

Penalty—

Maximum penalty—835 penalty units.

(2) A person must not be convicted of an offence defined in subsection (1) , if the court hearing the charge is satisfied—

(a) that the defendant could not, by the exercise of reasonable diligence, have complied with the requirement to which the charge relates; or

(b) that the defendant complied with that requirement to the extent of the defendant’s ability to do so.

(3) A person is not excused from complying with a requirement under section 22 to give information or answer a question on the ground that the information or answer might tend to incriminate the person or make the person liable to a penalty.

(4) Information given or an answer made by a person in complying with a requirement under section 22 , which might tend to incriminate the person or make the person liable to a penalty, is not admissible against the person in any proceedings brought against the person in a court in Queensland with a view to the punishment of the person for an alleged offence except—

(a) proceedings in respect of an offence under this Act; or

(b) proceedings in respect of an offence in connection with verification of the information or answer by oath or affirmation.

(5) If a person commits an offence defined in subsection (1) —

(a) the offence shall be a continuing offence and be deemed to continue for as long as the requirement in respect of which the offence was committed is not complied with; and

(b) the court may, upon convicting the person of the offence, in addition to any penalty that it may impose under subsection (1) , order the person to pay a penalty of 100 penalty units for each day on which the offence is, under paragraph (a) , deemed to have continued to the date of the person’s conviction of the offence.

(6) Subsection (5) applies even though the failure or conduct alleged against a defendant related to a particular time or a particular period.

(7) If a person has been convicted of an offence against subsection (1) , the court may, in addition to imposing a penalty that it may impose under subsection (1) and, where applicable, subsection (5) , order the person to comply with the requirement in respect of which the offence was committed.

(8) If a court makes an order under subsection (7) , the court must specify in the order a place where and a time or period by or within which the order is to be complied with.

(9) A person who contravenes an order made by a court under subsection (7) commits an offence against this Act.

Penalty—

Maximum penalty—1670 penalty units.

(10) A person who after conviction of an offence defined in subsection (1) or this subsection (the
"previous conviction" ) continues to fail to comply with the requirement in respect of which the person incurred the previous conviction commits an offence against this Act.

Penalty—

Maximum penalty—170 penalty units for each day on which the person has continued to fail to comply with the requirement from the date of the last occurring previous conviction to the date of the person’s conviction for the offence under this subsection last committed by the person.

(11) If a person is convicted of an offence under subsection (1) and the court makes an order under subsection (7) , the person must not be punished under subsection (10) for continuing to fail to comply with the requirement to which the order relates.