PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 212
Provisions relating to requirements to furnish records, information or answer questions
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 212
Provisions relating to requirements to furnish records, information or answer questions
212 Provisions relating to requirements to furnish records, information or
answer questions
(1) Warning to be given on each occasion A person is not guilty of an offence
of failing to comply with a requirement under this Chapter to furnish records
or information or to answer a question unless the person was warned on that
occasion that a failure to comply is an offence.
(2) Self-incrimination not
an excuse A person is not excused from a requirement under this Chapter to
furnish records or information or to answer a question on the ground that the
record, information or answer might incriminate the person or make the person
liable to a penalty.
(3) Information or answer not admissible if objection
made However, any information furnished or answer given by a natural person in
compliance with a requirement under this Chapter is not admissible in evidence
against the person in criminal proceedings (except proceedings for an offence
under this Chapter) if--
(a) the person objected at the time to doing so on
the ground that it might incriminate the person, or
(b) the person was not
warned on that occasion that the person may object to furnishing the
information or giving the answer on the ground that it might incriminate the
person.
(4) Records admissible Any record furnished by a person in compliance
with a requirement under this Chapter is not inadmissible in evidence against
the person in criminal proceedings on the ground that the record might
incriminate the person.
(5) Further information Further information obtained
as a result of a record or information furnished or of an answer given in
compliance with a requirement under this Chapter is not inadmissible on the
ground--
(a) that the record or information had to be furnished or the answer
had to be given, or
(b) that the record or information furnished or answer
given might incriminate the person.
(6) Requirement to state name and address
This section extends to a requirement under this Chapter to state a person's
name and address.