§ 80 — Other offences

80.—(1) A person who, without reasonable excuse, fails to do anything required of the person —(a)

by an authorised officer under section 74(2) or 75(1);

(b)

by a notice under section 76(2) or 77(1); or

(c)

by an outsourced enforcement officer under section 77(3),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) A person —(a)

who intentionally alters, suppresses or destroys any information or any document or material which the person has been required by an authorised officer under section 76(2) or 77 to provide; or

(b)

who, in providing any information or any document or material required by an authorised officer under section 76(2) or 77 makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that —(a)

the person does not possess the information or document required; and

(b)

the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it.

(4) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.

(5) A person commits an offence if the person, being an applicant for the grant of an approval under Part 2 or a licence under Part 6 —(a)

provides, or causes or permits to be provided, any information or document in connection with the application, which is false or misleading in a material particular; and

(b)

knows or ought reasonably to know that, or is reckless as to whether, the information or document is false or misleading in a material particular.

(6) A person who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

—(1) A person who, without reasonable excuse, fails to do anything required of the person —(a)

by an authorised officer under section 74(2) or 75(1);

(b)

by a notice under section 76(2) or 77(1); or

(c)

by an outsourced enforcement officer under section 77(3),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) A person —(a)

who intentionally alters, suppresses or destroys any information or any document or material which the person has been required by an authorised officer under section 76(2) or 77 to provide; or

(b)

who, in providing any information or any document or material required by an authorised officer under section 76(2) or 77 makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that —(a)

the person does not possess the information or document required; and

(b)

the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it.

(4) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.

(5) A person commits an offence if the person, being an applicant for the grant of an approval under Part 2 or a licence under Part 6 —(a)

provides, or causes or permits to be provided, any information or document in connection with the application, which is false or misleading in a material particular; and

(b)

knows or ought reasonably to know that, or is reckless as to whether, the information or document is false or misleading in a material particular.

(6) A person who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.