Page:Organised Crime Act 2015.pdf/75

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76
NO. 26 OF 2015


(a) the supply of any information might tend to incriminate the person or make the person liable to a penalty; or
(b) the supply of any information would be in breach of an obligation (whether imposed by written law or otherwise) of the person not to disclose the existence or contents of the material.

(9) Where a person complies with an order under subsection (2) or a requirement under subsection (6), any information so supplied is not admissible against the person in any criminal proceedings except a proceeding for an offence against subsection (12).

(10) A person who complies with an order under subsection (2) or a requirement under subsection (6) is not to be treated as being in breach of any restriction upon the disclosure of information imposed by written law or otherwise.

(11) No action lies against a person who in good faith supplies information in compliance with an order under subsection (2) or a requirement under subsection (6).

(12) A person shall be guilty of an offence if the person—

(a) contravenes or fails to comply with an order under subsection (2) or a requirement under subsection (6) without reasonable excuse; or
(b) in purported compliance with the order or requirement, supplies information known to the person to be false or misleading in a material particular.

(13) A person guilty of an offence under subsection (12) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(14) An authorised officer may exercise the powers conferred on him or her by this section despite any provision in any other written law relating to the supply of information or information of a particular description.

(15) An appeal lies from any order made under subsection (2), or the refusal to make such an order, by the High Court to the Court of Appeal.