Section 135C — Competition and Consumer Act 2010: Failure to answer questions or produce documents

(1) A person commits an offence if: (a) the person is subject to a requirement under subsection 135B(2); and (b) the person fails to comply with the requirement. Penalty: (a) if the person is a body corporate—150 penalty units; or (b) if the person is not a body corporate—30 penalty units. (2) A person is not excused from: (a) answering a question; or (b) producing a document; as required under subsection 135B(2) on the ground that the answer, or production of the document, might tend to incriminate the person or expose the person to a penalty. (3) However, in the case of an individual: (a) the answer, or the document produced; and (b) giving the answer, or producing the document; are not admissible in evidence against the individual in any criminal proceedings other than: (c) proceedings for any offence against subsection (1); or (d) proceedings for an offence based on the answer or document being false or misleading; or (e) proceedings for an offence based on the obstruction of public officials. (4) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.