Section 44AAFB — Competition and Consumer Act 2010: Failure to comply with notice to give information etc. is an offence

Offence (1) A person commits an offence if: (a) the person is given a notice under section 44AAFA; and (b) the person fails to comply with the notice. Penalty: Imprisonment for 2 years or 100 penalty units, or both. Exceptions (2) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code). (3) Subsection (1) does not apply to the extent that: (a) the notice relates to producing documents; and (b) the person proves that, after a reasonable search, the person is not aware of the documents; and (c) the person provides a written response to the notice, including a description of the scope and limitations of the search. Note: A defendant bears a legal burden in relation to the matter in paragraph (3)(b) (see section 13.4 of the Criminal Code). (4) For the purposes of (but without limiting) paragraph (3)(b), a determination of whether a search is reasonable may take into account the following: (a) the nature and complexity of the matter to which the notice relates; (b) the number of documents involved; (c) the ease and cost of retrieving a document relative to the resources of the person who was given the notice; (d) any other relevant matter.