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In forceAmended2020 Revised Edition

Part 7 · Transparency and Effective Control

84M. Obstruction of investigation, etc.

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Amended

Last amended by an amending law of 2024.

(1)

A person who, without reasonable excuse —

(a)

refuses or fails to produce or give access to any information, document or material required of the person by the Commissioner or an authorised officer under section 84G;

(b)

fails to comply with any written notice issued to the person under section 84E(1);

(c)

knowingly obstructs or hinders, or attempts to obstruct or hinder —

(i)

a person from complying with anything required of the person by the Commissioner or an authorised officer under this Part;

(ii)

the Commissioner or an authorised officer from exercising any of the Commissioner’s or authorised officer’s powers under this Part; or

(iii)

the Commissioner or an authorised officer, or any other persons assisting the Commissioner or authorised officer, in executing a warrant issued under section 84H(1); or

(d)

disposes of or deals with any property contrary to the Commissioner’s or an authorised officer’s order under section 84J(6),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 2 years or to both.

(2)

It is not a defence to a charge under subsection (1) that the person is subject to a fiduciary duty or any other duty under common law, any contract or any rule of professional conduct, that prevents the person from complying with a requirement under Division 2 or restricts the person in such compliance.

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