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Horse Disease Response Levy Collection Bill 2008

Part 3 Information gathering powers

   

14   Powers to seek information or documents

             (1)  An authorised person may give a person a written notice requiring the person to give the authorised person, within the time specified in the notice, specified information or documents relevant to the operation of this Act.

             (2)  The notice may also require the person to verify the information by statutory declaration.

15   Offences in relation to returns etc.

             (1)  A person must not refuse or fail to give a return, information or document that the person is required to give by or under this Act or the regulations.

Penalty:  60 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code .

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

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

             (4)  A person is not excused from giving a return, information or document on the ground that to do so would tend to incriminate the person or expose the person to a penalty.

             (5)  However, in the case of an individual:

                     (a)  any return, information or document given; or

                     (b)  any information, document or thing obtained as a direct or indirect consequence of giving the return, information or document;

is not admissible in evidence against the person in:

                     (c)  criminal proceedings other than proceedings for an offence against subsection (1) of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act; or

                     (d)  proceedings for recovery of an amount payable by way of penalty under section 10.

             (6)  If a person is convicted of an offence under subsection (1):

                     (a)  the court may direct the person to give the return, information or document that he or she is required to give by or under this Act or the regulations; and

                     (b)  on being so directed, the person must give the return, information or document to an authorised person within the time specified in the direction.

16   Conduct by directors, employees and agents

             (1)  If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that:

                     (a)  the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

                     (b)  the director, employee or agent had the state of mind.

             (2)  Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

             (3)  If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show that:

                     (a)  the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and

                     (b)  the employee or agent had the state of mind.

             (4)  Any conduct engaged in on behalf of a person other than a body corporate (in this subsection called the employer ) by an employee or agent of the employer within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the employer unless the employer establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

             (5)  If:

                     (a)  a person other than a body corporate is convicted of an offence; and

                     (b)  the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

             (6)  A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

                     (a)  the knowledge, intention, opinion, belief or purpose of the person; and

                     (b)  the person’s reasons for the intention, opinion, belief or purpose.

             (7)  A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

             (8)  A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.