AustLII Tasmanian Consolidated Acts

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CONSUMER AFFAIRS ACT 1988 - SECT 16

16. Obstruction, &c., of authorized officer

      (1) A person shall not –

(a) assault, resist, impede, or obstruct an authorized officer in the exercise of his powers, or in the discharge of his duties under this Act, or attempt so to do; or

(b) use threatening, abusive, or insulting language to an authorized officer engaged in the exercise of his powers or in the discharge of his duties under this Act or to any person assisting an authorized officer who is so engaged; or

(c) fail to furnish information when requested to do so by an authorized officer under this Act; or

(d) furnish false or misleading information to an authorized officer; or

(e) fail to comply with a lawful request, direction, or requisition of an authorized officer; or

(f) fail to produce to an authorized officer any invoice, document, or record whatsoever in his possession or at his disposal when required to do so; or

(g) impersonate an authorized officer.

Penalty:

Fine not exceeding 10 penalty units.

      (2) Where a person is convicted of an offence against subsection (1)(c), (d), (e), or (f), the court may order that person to –

(a) furnish the information; or

(b) comply with the lawful request, direction, or requisition; or

(c) produce to an authorized officer the invoice, document, or record –

which was the subject of the offence, as the case may require.

      (3) For the purposes of subsection (1), the conduct of an investigation by an authorized officer shall be considered as the discharge of duties under this Act, the Collections for Charities Act 2001, the Consumer Credit (Tasmania) Code, the Prepaid Funerals Act 2004, the Residential Tenancy Act 1997 or the Retirement Villages Act 2004.

      (4) Where any information is obtained by an authorized officer under this section, evidence of that information, or the obtaining of that information is not admissible against any person in any civil or criminal proceedings, except in proceedings against that person for an offence under this Act, the Collections for Charities Act 2001, the Consumer Credit (Tasmania) Code, the Prepaid Funerals Act 2004, the Residential Tenancy Act 1997 or the Retirement Villages Act 2004.



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