Commonwealth Consolidated Acts

IMPORTED FOOD CONTROL ACT 1992 - SECT 30

             (1)  If an authorised officer is on or in premises because the occupier of the premises consented to the officer's entry--the officer may ask the occupier to:

                     (a)  answer any questions put by the authorised officer; and

                     (b)  produce any books, records or documents requested by the authorised officer.

             (2)  An authorised officer who is on or in premises that he or she has entered under a warrant may require any person on or in the premises:

                     (a)  to answer any questions put by the authorised officer; and

                     (b)  to provide any books, records or documents requested by the authorised officer.

             (3)  The Secretary may, by written notice, require any person whom he or she believes, on reasonable grounds, to be capable of giving information relevant to the operation of this Act to attend before an authorised officer specified in the notice, at a time and place specified in the notice:

                     (a)  to answer any questions put by the specified officer; and

                     (b)  to produce to the specified officer such documents as are referred to in the notice.

             (4)  A person must not fail to comply with a requirement under subsection (2) or (3).

Penalty:  Imprisonment for 6 months.

          (4A)  Subsection (4) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (4A). See subsection 13.3(3) of the Criminal Code .

             (5)  It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document on the ground that to do so would tend to incriminate the person.

          (5A)  An offence under subsection (4) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .