PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 312
Procedures at inquiries
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 312
Procedures at inquiries
312 Procedures at inquiries
(1) General procedure The procedure to be followed at an inquiry under this
Part is to be determined by the body or person conducting it, subject to this
Act and the regulations.
(2) Notice to provide information or produce
documents The body or person conducting the inquiry may, by notice in writing
given to any person, require the person within such reasonable time as may be
specified in the notice--
(a) to furnish to that body or person such
information, and
(b) to produce to that body or person such documents in the
person's possession or under the person's control,
as may be required for the
purposes of the inquiry and as may be specified in the notice, whether
generally or otherwise.
(3) Notice to give evidence and produce documents The
body or person conducting the inquiry may, by notice in writing given to any
person, require the person--
(a) to attend at a specified time and place
before that body or person and thereafter from time to time as required by
that body or person, and
(b) to give evidence concerning any matter the
subject of the inquiry, and
(c) to produce all such documents in the person's
possession or under the person's control as may be required for the purposes
of the inquiry and as may be specified in the notice, whether generally or
otherwise.
(4) Mode of evidence The body or person conducting the inquiry may
require any such evidence to be given in writing or orally.
(5) Evidence may
be given on oath The body or person conducting the inquiry may, subject to
section 13 of the Oaths Act 1900 , require any such evidence to be given on
oath, and for that purpose the person presiding may administer an oath.
(6)
Written statement The body or person conducting the inquiry may permit a
person to give evidence by sending to the body or person a written statement,
verified in such manner as the body or person allows.
(7) Offence of not
complying with notice A person who neglects or refuses to comply with the
requirements of a notice given to the person under this section is guilty of
an offence.
: Maximum penalty--100 penalty units.
(8) Offence of false
information or evidence A person who--
(a) furnishes any information pursuant
to subsection (2) knowing that it is false or misleading in a material
particular, or
(b) gives any evidence pursuant to subsection (3) knowing that
it is false or misleading in a material particular,
is guilty of an offence.
:
Maximum penalty--100 penalty units.
(9) Expenses The regulations may
prescribe expenses to be allowed to persons attending or giving evidence under
this section.
(10) Nature of evidence The body or person conducting the
inquiry is not bound by the rules of evidence, and may be informed in such
manner as the body or person thinks fit.
(11) Public interest immunity
Nothing in this Part affects any law relating to public interest immunity.
(12) Self-incrimination Nothing in this Part affects any law relating to
immunity of an individual from self-incrimination.
