Proceeds of Crime Act 2002

Schedule 1 - Information gathering by participating States and self-governing Territories  

Note:

See section 14M .

PART 2 - NOTICES TO FINANCIAL INSTITUTIONS  

SECTION 17   Failing to comply with notices  

17(1)    
A person commits an offence if:

(a) the person is given a notice under clause 12 ; and

(b) the person fails to comply with the notice.

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Note:

Sections 137.1 and 137.2 of the Criminal Code also create offences for providing false or misleading information or documents.

17(2)    
It is a defence to an offence against subclause (1) if:

(a) the person fails to comply with the notice only because the person does not provide the information or a document within the period specified in the notice; and

(b) the person took all reasonable steps to provide the information or document within that period; and

(c) the person provides the information or document as soon as practicable after the end of that period.

Note:

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