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DANGEROUS GOODS ACT 1985 - SECT 13C Power to require production of documents and answers to questions

DANGEROUS GOODS ACT 1985 - SECT 13C

Power to require production of documents and answers to questions



S. 13C(1) amended by No. 49/2018 s. 23(2).

    (1)     An inspector who enters a place under this Subdivision may do any or all of the following—

S. 13C(1)(a) amended by No. 49/2018 s. 23(3).

        (a)     require a person to produce a document or part of a document; and

        (b)     examine that document or part; and

        (c)     require a person at the place to answer any questions put by the inspector.

    (2)     A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).

Penalty:     60 penalty units for a natural person;

300 penalty units for a body corporate.

    (3)     Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector

        (a)     must produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and

        (b)     must inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.

    (4)     A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3).

S. 13C(5) inserted by No. 49/2018 s. 23(4).

    (5)     Despite section 7 of the Criminal Procedure Act 2009 , a proceeding for an offence against this section must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.

Notes

1     The powers conferred by this section are limited in respect of a part of a place that is used only for residential purposes (see  section 16).

Note 2 to s. 13C amended by No. 69/2009 s. 54(Sch. Pt 1 item 15.1).

2     This section does not affect legal professional privilege or client legal privilege (see  section 19G) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see  section 19F).

S. 13D inserted by No. 31/2005 s. 9.