Western Australian Numbered Acts Western Australian Numbered Acts (1) Where under
section 73 a person is required to give any information, answer any
question, or produce any document or thing and that person, without reasonable
excuse (proof of which lies on the person) —
(a)
fails to give that information or answer that question at or within the time
specified in the requirement;
(b)
gives any information or answer that is false in any particular; or
(c)
fails to produce that document or thing at or within the time specified in the
requirement,
the person commits an
offence.
Penalty:
(a) for
an individual, a fine of $5 000;
(b) for
a body corporate, a fine of $10 000.
(2) It is a defence in
any proceeding for an offence under subsection (1)(a) or (c) for the
accused to show —
(a)
that, in the case of an alleged offence arising out of a requirement made
orally under section 73, the investigator did not, when making the
requirement, inform the accused that he or she was required under this Act to
give the information or answer the question, as the case may be;
(b)
that, in the case of an alleged offence arising out of a requirement made by
notice in writing under section 73, the notice did not state that he or
she was required under this Act to give the information, answer the question,
or produce the document or thing, as the case may be;
(c) that
the time specified in the requirement did not afford the accused sufficient
notice to enable him or her to comply with the requirement; or
(d)
that, in any case, the investigator did not, before making the requirement,
have reasonable grounds to believe that compliance with the requirement would
materially assist in the investigation being carried out.