§ 52 — Offences under this Part

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

by an authorised officer or a police officer under section 48(1) or (2); or

(b)

by a police officer under section 49(2)(g),

shall be guilty of an offence.

(2) A person —(a)

who intentionally alters, suppresses or destroys any document, information or article which the person has been required by an authorised officer or a police officer under section 48(1) or (2), or by a police officer under section 49(2)(g), to provide; or

(b)

who, in providing any document, information or article required by an authorised officer or a police officer under section 48(1) or (2), or by a police officer under section 49(2)(g), 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.

(3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction —(a)

in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction; or

(b)

in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

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

does not possess the document, information or article required; or

(b)

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

(5) 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 article or answer any question if doing so might tend to incriminate that person.

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

by an authorised officer or a police officer under section 48(1) or (2); or

(b)

by a police officer under section 49(2)(g),

shall be guilty of an offence.

(2) A person —(a)

who intentionally alters, suppresses or destroys any document, information or article which the person has been required by an authorised officer or a police officer under section 48(1) or (2), or by a police officer under section 49(2)(g), to provide; or

(b)

who, in providing any document, information or article required by an authorised officer or a police officer under section 48(1) or (2), or by a police officer under section 49(2)(g), 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.

(3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction —(a)

in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction; or

(b)

in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

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

does not possess the document, information or article required; or

(b)

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

(5) 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 article or answer any question if doing so might tend to incriminate that person.