Commonwealth Consolidated Acts

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40VH

  (1)   An AFP appointee commits an offence if the AFP appointee:

  (a)   refuses or fails to comply with a direction given under subsection   40VE(1) or 40VG(2); or

  (b)   refuses or fails to be sworn or make an affirmation, when required to do so under subsection   40VG(2); or

  (c)   gives information or makes a statement to the investigator knowing that it is false or misleading in a material particular.

Penalty:   Imprisonment for 6 months.

  (2)   Subsection   (1) does not apply if the AFP appointee has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

  (3)   In any proceedings for an offence against subsection   (1), the prosecution bears the onus of proving that:

  (a)   the investigator complied with subsection   40VE(2) in relation to a direction under subsection   40VE(1); or

  (b)   the investigator complied with subsection   40VG(3) in relation to a direction under subsection   40VG(2).