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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 10-4 Offences relating to regulatory and enforcement powers of Registrar

Division 461 Offences relating to regulatory and enforcement powers of Registrar

461-1   Obstructing Registrar or interfering with meeting called by Registrar etc.

             (1)  A person must not:

                     (a)  engage in conduct that results in the obstruction or hindering of an authorised officer in the performance of the officer’s powers under Part 10-3; or

                     (b)  engage in conduct that results in the obstruction or hindering of a person who is executing a warrant under Division 456.

Penalty:  100 penalty units or imprisonment for 2 years, or both.

             (2)  Subsection (1) does not apply to the extent that the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

             (3)  The occupier, or person in charge, of premises that a person enters under a warrant issued under Division 456 must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.

Penalty:  25 penalty units or imprisonment for 6 months, or both.

             (4)  A person must not:

                     (a)  engage in conduct that results in the obstruction or hindering of the Registrar or the Registrar’s delegate in the performance or exercise of any of the Registrar’s functions and powers; or

                     (b)  engage in conduct that results in the disruption of a meeting called under section 439-10 or 439-15.

Penalty:  50 penalty units or imprisonment for 1 year, or both.

             (5)  An offence constituted by a contravention of subsection (4) is punishable on summary conviction.

461-5   False information

             (1)  A person must not, in purported compliance with a requirement made under Part 10-3, give information, or make a statement, that is false or misleading in a material particular.

Penalty:  100 penalty units or imprisonment for 2 years, or both.

             (2)  It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant, when giving the information or evidence or making the statement, believed on reasonable grounds that it was true and not misleading.

Note:          A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4 of the Criminal Code ).

461-10   Concealing books relevant to investigation

             (1)  If a requirement under section 453-1 or 453-5 has been made to produce a book, a person must not:

                     (a)  in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of the book; or

                     (b)  if a book is in a particular State or Territory—engage in conduct that results in the taking or sending of the book out of that State or Territory or out of Australia.

Penalty:  200 penalty units or imprisonment for 5 years, or both.

             (2)  It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant did not intend to defeat the purposes of this Act.

Note:          A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code ).

461-15   Self-incrimination

             (1)  For the purposes of Part 10-3, it is not a reasonable excuse for a person to refuse or fail:

                     (a)  to give information; or

                     (b)  to produce a book;

in accordance with a requirement made of the person, that the information or production of the book, as the case may be, might tend to incriminate the person or make the person liable to a penalty.

             (2)  Subsection (3) applies if:

                     (a)  before making an oral statement giving information in compliance with a requirement made under this Part or Part 10-3, a person (other than a body corporate) claims that the statement might tend to incriminate the person or make the person liable to a penalty; and

                     (b)  the statement might in fact tend to incriminate the person or make the person so liable.

             (3)  The statement is not admissible in evidence against the person in:

                     (a)  a criminal proceeding; or

                     (b)  a proceeding for the imposition of a penalty;

other than a proceeding in respect of the falsity of the statement.