(1) A person must not,
without reasonable excuse, refuse or fail to comply with a written requirement
under section 103(2).
Penalty for this subsection: a fine of $15 000.
(2) A person must not
give information in response to a written requirement under section 103(2)
that the person knows is false or misleading in a material particular.
Penalty for this subsection: a fine of $15 000.
(3) It is a defence in
proceedings for an offence against subsection (1) for the person to show that
—
(a) the
notice under section 103(3) did not state that the person was required under
this Act to give the information; or
(b) the
time specified in the requirement did not give the person sufficient notice to
enable compliance with the requirement.
(4) A person is not
entitled to refuse to give the information required under section 103 on the
grounds that the information could tend to incriminate the person or render
the person liable to a penalty.
(5) Despite subsection
(4), information given under section 103 is not admissible in evidence in any
proceedings against the person except proceedings for an offence against
subsection (2).
[Section 104 inserted: No. 28 of 2020 s. 84.]
[Heading inserted: No. 28 of 2020 s. 84.]