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WATER ACT 2007 - SECT 238 Power to require information

WATER ACT 2007 - SECT 238

Power to require information

  (1)   This section applies to a person if the Inspector - General has reason to believe that information (the compellable information ) relating to any of the following matters:

  (a)   the investigation of a designated compliance provision;

  (b)   an audit being conducted under section   73L;

  (c)   a matter:

  (i)   relevant to the performance of the Inspector - General's functions (other than the functions referred to in any of paragraphs 215C(1)(a) to (c)); and

  (ii)   specified in regulations made for the purposes of this paragraph;

is in the person's possession, custody or control (whether held electronically or in any other form).

  (2)   The Inspector - General may, in writing, require the person to give specified compellable information to the Inspector - General:

  (a)   within a specified period of time (which must not be less than 14 days after the requirement is made); and

  (b)   in a specified form or manner.

Fault - based offence

  (3)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (2); and

  (b)   the person fails to comply with the requirement.

Penalty:   Imprisonment for 6 months or 30 penalty units, or both.

Civil penalty provisions

  (4)   A person is liable to a civil penalty if:

  (a)   the person is subject to a requirement under subsection   (2); and

  (b)   the person fails to comply with the requirement.

Note:   In proceedings against a person for a contravention of a civil penalty provision, it is generally not necessary to prove the person's state of mind (see section   154C).

Civil penalty:   100 penalty units.

  (5)   A person is liable to a civil penalty if:

  (a)   the person is subject to a requirement under subsection   (2); and

  (b)   the person gives information to the Inspector - General in compliance or purported compliance with that requirement; and

  (c)   the person does so knowing that the information:

  (i)   is false or misleading in a material particular; or

  (ii)   omits any matter or thing without which the information is misleading in a material particular.

Note:   A person may commit an offence if the person provides false or misleading information or documents (see sections   137.1 and 137.2 of the Criminal Code ).

Civil penalty:   100 penalty units.

Exceptions

  (6)   Subsection   (4) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse merely because the information in question is:

  (a)   of a commercial nature; or

  (b)   subject to an obligation of confidentiality arising from a commercial relationship; or

  (c)   commercially sensitive.

Note:   The person bears an evidential burden in relation to the matter in this subsection   (see section   154E).

  (7)   Subsection   (4) does not apply in relation to compellable information relating to a matter referred to in paragraph   (1)(a) or (b) if giving the information might tend to incriminate the person or expose the person to a penalty.

Note:   The person bears an evidential burden in relation to the matter in this subsection   (see section   154E).

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