35NProduction of documents or vehicles for inspection

35N Production of documents or vehicles for inspection

[Section 35N Inserted by No. 73 of 2013, s. 25, Applied:01 Jul 2014]

(1)  For the purpose of monitoring compliance under this Act, the regulations or an NEPT licence, an authorised officer may require the holder of an NEPT licence, at a time and place specified by the authorised officer, to –

(a) produce for inspection any vehicles used to provide non-emergency patient transport services under the licence; or

(b) produce for inspection any documents required to be kept in respect of an NEPT Service by the holder of an NEPT licence under this Act or any other Act.

(2)  A person is not excused from complying with a requirement of an authorised officer under subsection (1) on the ground that to do so may result in information being provided that might incriminate the person.

(3)  Any information obtained as a consequence of an inspection under subsection (1) is not admissible in evidence against the person, who produced the vehicle or document for inspection, in criminal proceedings other than in proceedings in respect of the provision of false information, unless the information is contained in a document that –

(a) the person is required to keep by any law; or

(b) the holder of an NEPT licence is required to keep under any law; or

(c) was obtained without the direct assistance of the person.

(4)  For the purposes of subsection (3)(c) , a person provides direct assistance to obtain a document if the person identifies, reveals the location of, or explains the content of, the document.

(5)  For the avoidance of doubt, an authorised officer may use any power authorised under section 19 , or specified in section 20 , in relation to –

(a) any vehicle or document produced under this section; or

(b) any person who produces such a vehicle or document.