NATIONAL MEASUREMENT ACT 1960 - SECT 18MH Trade measurement inspector may request persons to answer questions or produce documents

NATIONAL MEASUREMENT ACT 1960 - SECT 18MH

  (1)   If the trade measurement inspector was only authorised to enter residential premises because its controller consented to the entry--the inspector may ask the controller to:

  (a)   answer any questions put by the inspector; and

  (b)   produce any book, record or document requested by the inspector.

  (2)   If the trade measurement inspector was authorised to enter business premises under section   18ME or 18MF or to enter residential premises by a warrant under section   18MZ or 18MZA--the inspector may require any person in or on the premises to:

  (a)   answer any questions put by the inspector; and

  (b)   produce any book, record or document requested by the inspector.

  (3)   If the trade measurement inspector was authorised to inspect a business vehicle under section   18ME or 18MF -- the inspector may require its controller and any person in the vehicle to:

  (a)   answer any questions put by the inspector; and

  (b)   produce any book, record or document requested by the inspector.

  (4)   A person commits an offence if the person refuses or fails to comply with a requirement under subsection   (2) or (3).

Penalty:   200 penalty units.

  (5)   A person commits an offence of strict liability if the person refuses or fails to comply with a requirement under subsection   (2) or (3).

Penalty:   40 penalty units.

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

  (6)   A person is excused from complying with a requirement of subsection   (2) or (3) if the answer to the question or the production of the document might tend to incriminate the person or expose the person to a penalty.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (6), see subsection   13.3(3) of the Criminal Code .