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BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 - SECT 50

Failure to comply with a notice

  (1)   A person commits an offence if the person fails to comply with a notice given under section   49.

Penalty:   30 penalty units.

  (2)   An offence under subsection   (1) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (3)   An individual is not required to provide the information or produce a document if the information or document might tend to incriminate the individual or expose the individual to a penalty.

  (4)   Subsection   (1) does not apply to the extent that the person is not capable of complying with the notice.

Note:   The defendant bears an evidential burden in relation to the matters in subsections   (3) and (4) (see subsection   13.3(3) of the Criminal Code ).



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