Section Sch6-5 — Social Security Act 2018: Offences

5 Offences (1) A person commits an offence if the person— (a) refuses or fails, without reasonable excuse, to comply with a notice given under clause 2 to the extent that the person is capable of complying with it; or (b) purports to comply with a notice given under clause 2 by knowingly or recklessly giving (or attempting to give) information (for example, information in the form of a document or record) that is false or misleading in a material particular. (2) An offence against subclause (1)(a) is a strict liability offence, and therefore does not require the prosecution to prove that the defendant intended, or knew or was reckless about, the defendant’s refusal or failure. (3) However, in proceedings for an offence against subclause (1)(a)— (a) the prosecutor need not assert in the charging document that the without-reasonable-excuse exception does not apply; and (b) the burden of proving that the without-reasonable-excuse exception applies lies on the defendant. (4) A person who commits an offence against this clause is liable on conviction to a fine not exceeding $2,000. Compare: 1964 No 136 s 11(3)