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And an offence may provide, as some of the Administration Act ones do, that strict liability, or absolute liability, applies to a particular physical element or physical elements of the offence.Section 9.2 of the Code enacts the defence of mistake of fact: a defence which has been long recognised at common law.It requires the occupier of the building or place entered to provide all reasonable assistance - and I emphasise the reasonable - reasonable assistance for the effective exercise of the access power - it imposes a positive obligation to co-operate or assist the Commissioner when exercising access.Section 264 of the 1936 Act permits the Commissioner to issue a Notice requiring a person to furnish such information to the Commissioner and to attend and give evidence concerning a named person’s income or assessment or to produce documents etc in the person’s custody or control.Section 8K makes it an offence to make a statement that is false or misleading in a material particular or to omit any matter or thing so the statement is false or misleading in a material particular.Section 8N deals with recklessly making a false or misleading statement in a material particular.

Turning then to the offences that are most likely to be of concern. Section 137.1 of the Code deals with giving information that is false or misleading in a material particular to a person who is exercising the powers or performing functions under, or in connection with, a law of the Commonwealth, or the information was given in compliance or purported compliance with the law of the Commonwealth.The Commissioner may require the evidence to be given on oath or affirmation.Documents clearly includes computer and other electronic records.Section 8D(1) provides that it is an offence to refuse or fail to answer a question asked of the person or to produce a document when attending a section 264 examination.Section 8D(2) makes it is an offence to refuse to take an oath or affirmation when required.

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