AustLII Tasmanian Consolidated Acts

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MEAT HYGIENE ACT 1985 - SECT 40

40. Questions by inspectors

      (1) An inspector may require the holder of a licence or any person employed in or about any premises required by this Act to be licensed to answer questions relating to the observance of this Act or to any matter in connection with the performance of the inspector's functions or the exercise of his powers or the execution of this Act.

      (2) Subject to subsection (3), a person shall not, when required to answer a question under subsection (1) –

(a) refuse or fail to answer the question; or

(b) make any answer which, to his knowledge, is false or misleading in a material particular.

Penalty:

Fine not exceeding 10 penalty units.

      (3) A person is not obliged to answer any question asked of him under subsection (1) unless he has first been informed by the inspector asking the question that he is required and is obliged to answer the question by virtue of this section.

      (4) A person may not refuse to answer a question asked of him under subsection (1) on the ground that his so doing might tend to incriminate him or make him liable to any penalty.

      (5) Any answer given by a person pursuant to a requirement made under subsection (1), after he has been informed in the manner set forth in subsection (3), shall not be admissible in evidence in any proceedings, civil or criminal, against him, other than in proceedings under subsection (2).

      (6) Nothing in this section affects the admissibility in evidence of an answer voluntarily given by a person to a question asked by an inspector but which the inspector did not require that person to answer under this section.



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