Commonwealth Consolidated Acts Commonwealth Consolidated ActsFailure to appear
(1) The subject of a questioning warrant commits an offence if the subject fails to appear before a prescribed authority for questioning in accordance with:
(a) the warrant; or
(b) a direction given under subsection 34DE(1).
Penalty: Imprisonment for 5 years.
(2) For the purposes of subsection (1), the subject of a questioning warrant is taken to fail to appear before a prescribed authority for questioning if, under subsection 34D(10), the subject is refused entry to the place where the questioning is to occur.
Note: Subsection 34D(10) provides for a police officer to refuse entry to a person if the person does not comply with a request made by the officer under section 34D.
Failure to give information etc.
(3) The subject of a questioning warrant commits an offence if:
(a) the subject is appearing before a prescribed authority for questioning under the warrant; and
(b) the Organisation requests, in accordance with the warrant, the subject to:
(i) give any information; or
(ii) produce any record or other thing; and
(c) the subject fails to comply with the request.
Penalty: Imprisonment for 5 years.
(4) Subsection (3) does not apply if the subject:
(a) does not have the information; or
(b) does not have possession or control of the record or thing.
Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code .
Self - incrimination etc.
(5) The subject of a questioning warrant is not excused from:
(a) giving information; or
(b) producing a record or other thing;
that the Organisation requests, in accordance with the warrant, the subject to give or produce, on the ground that the information, or production of the record or thing, might tend to incriminate the subject in relation to an offence.
(6) However:
(a) anything said by the subject, while appearing before a prescribed authority for questioning under the warrant, to comply with the request; and
(b) the production of a record or other thing by the subject, while appearing before a prescribed authority for questioning under the warrant, to comply with the request;
are not admissible in evidence against the subject in a criminal proceeding, other than:
(c) a confiscation proceeding, if the thing was said, or the record or thing was produced, at a time when the proceeding had not commenced and was not imminent; or
(d) proceedings for an offence against this section; or
(e) proceedings for an offence against section 34GF; or
(f) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section.
(7) If, at general law, the subject of a questioning warrant would otherwise be able to claim the privilege against self - exposure to a penalty (other than an offence) in relation to giving information or producing a record or other thing in connection with the warrant, the subject is not excused from giving the information or producing the record or thing on that ground.
False or misleading statements
(8) The subject of a questioning warrant commits an offence if:
(a) the subject is appearing before a prescribed authority for questioning under the warrant; and
(b) the Organisation requests, in accordance with the warrant, the subject to give information; and
(c) the subject makes a statement that is, to the subject's knowledge, false or misleading; and
(d) the statement is made in purported compliance with the request.
Penalty: Imprisonment for 5 years.
(9) Subsection (8) does not apply if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code .
Rendering records or things illegible etc.
(10) The subject of a questioning warrant commits an offence if:
(a) the subject is requested, in connection with a questioning warrant, to produce a record or other thing; and
(b) the subject engages in conduct; and
(c) as a result of the conduct, the record or thing is unable to be produced, or to be produced in wholly legible or usable form.
Penalty: Imprisonment for 5 years.