Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 65

65 .         Production orders, contravening and admissibility of information given under

        (1)         A person who contravenes a production order without reasonable excuse commits an offence.

        (2)         A person commits an offence if the person, in purported compliance with a production order, produces or makes available to the DPP, a police officer, the CCC or an authorised CCC officer a document that the person knows, or could reasonably be expected to know, is false or misleading in a material particular.

        (3)         However, the person does not commit an offence under subsection (2) if, as soon as practicable after becoming aware that the document is false or misleading, the person —

            (a)         tells the DPP, a police officer, the CCC or an authorised CCC officer that the document is false or misleading; and

            (b)         indicates the respects in which it is false or misleading; and

            (c)         gives the DPP, a police officer, the CCC or an authorised CCC officer any correct information which is in the person’s possession or control.

        (4)         A person convicted of an offence under subsection (1) or (2) is liable to a fine of $100 000 or imprisonment for 5 years, or both.

        (5)         A person is not excused from complying with a production order on the grounds that complying with the order would tend to incriminate the person or render him or her liable to a penalty.

        (6)         A person is not excused from complying with a production order on the grounds that complying with the order would be in breach of an obligation of the person not to disclose the existence or contents of the document, whether the obligation arose under an enactment or otherwise.

        (7)         Any information contained in a property-tracking document produced under a production order, or any statement or disclosure made by a person in the course of complying with a production order, is admissible in evidence against the person —

            (a)         in a proceeding against the person for an offence under this section; and

            (b)         in any civil proceeding; and

            (c)         in any proceeding under this Act that could lead to the confiscation of property owned, effectively controlled or given away by the person, but only for the purpose of facilitating the identification of such property.

        [Section 65 amended: No. 10 of 2018 s. 53.]