WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 434
Power to require information or documents
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 434
Power to require information or documents
434 Power to require information or documents
(1) Subsection (2) applies if an authorised officer reasonably believes—
(a)
an offence against this Act has been committed; and
(b) a person may be able
to give information about the offence.
(2) The authorised officer may, by
notice given to the person, require the person to give the authorised officer,
either orally or in writing, information in the person’s knowledge about the
offence within a stated reasonable period and in a stated reasonable way.
(3)
An authorised officer may, by notice given to a person, require the person to
give an authorised officer, within a stated reasonable period and in a stated
reasonable way, a document in the person’s possession or control relating to
a service provider’s registered service or a recycled water provider’s
production or supply of recycled water.
(4) The authorised officer may keep
the document mentioned in subsection (3) to copy it.
(5) If the authorised
officer copies the document, or an entry in the document, the chief executive
or officer may require the person who has possession or control of the
document to certify the copy as a true copy of the document or entry.
(6) The
authorised officer must return the document to the person as soon as
practicable after copying it.
(7) A person of whom a requirement is made
under subsection (2) , (3) or (5) must comply with the requirement unless the
person has a reasonable excuse.
Penalty—
Maximum penalty—200 penalty
units.
(8) If the person is an individual, it is not a reasonable excuse
for the person to fail to comply with a requirement made under subsection (2)
or (3) that complying with the requirement might tend to incriminate the
person.
(9) However, if the person is an individual, evidence of, or evidence
directly or indirectly derived from, the information that might tend to
incriminate the person is not admissible in evidence against the person in a
civil or criminal proceeding, other than a proceeding for an offence about the
falsity of the information.
(10) If a court convicts a person of an offence
against subsection (7) , the court may also order the person to give a stated
authorised officer, within a stated period and in a stated way, information or
a document to which the requirement related.
Note—
The powers in this part
are limited by part 2 (Powers of authorised officers).
