Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if:
(a) an application for approval of the transfer of a title is made under section 473; or
(b) an application is made under section 482 or 484 in relation to a title; or
(c) an application for approval of a dealing is made under section 488; or
(d) a provisional application for approval of a dealing is made under section 498; or
(e) an application is made under section 505 in relation to a title.
Requirement to give information
(2) The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period and in the manner specified in the notice, such information about the matter to which the application relates as the Titles Administrator considers necessary or advisable.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
(5) A person commits an offence if:
(a) the Titles Administrator requires the person to give information under subsection (2); and
(b) the person gives information; and
(c) the person does so knowing that the information is false or misleading in a material particular.
Civil penalty
(5A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(5B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914 .
(5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
(6) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (5);
(c) subsection (5A);
(d) subsection (5B);
(e) subsection (5C).
Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code .