Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 99

Complying with document production orders
(1)  A person must not, without reasonable excuse, fail to comply with a document production order.
Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.
(2)  A person must not knowingly produce, or make available to the DPP, a document that is false or misleading in a material particular when complying with a document production order.
Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.
(3)  Subsection (2) does not apply to a person if, at the time the document is produced or as soon as practicable after becoming aware that a document produced is false or misleading, the person –
(a) informs the DPP that the document is false or misleading; and
(b) indicates the respects in which it is false or misleading; and
(c) gives the DPP any correct information about the document that is in the person's possession or control; and
(d) provides the DPP with any information the person has concerning who had access to the document that is false or misleading.
(4)  A person is not excused from complying with a document production order on the grounds that complying with the document production order would –
(a) tend to incriminate the person or expose him or her to a penalty; or
(b) be in breach of an obligation of the person to not disclose the existence or contents of the document, whether the obligation arose under an Act or otherwise.
(5)  Any information contained in a property-tracking document produced under a document production order, or any statement or disclosure made by a person in the course of complying with a document production order, is only admissible in evidence in any of the following proceedings:
(a) a proceeding against the person for an offence against this section;
(b) any civil proceeding against the person;
(c) any proceeding under this Act that may lead to the forfeiture of property.



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