37Power to obtain information

#### 37 Power to obtain information (1) The Minister may, by notice in writing served on a person, require that person to furnish in writing, in the manner specified in the notice and within the time or times and in respect of the period or periods (if any) so specified, a statement, return or returns containing such particulars as are specified in the notice relating to: (a) prescribed substances in the person’s possession or under the person’s control; (b) minerals of a kind specified in the notice in the person’s possession or under the person’s control or present on or under land owned or occupied by the person, being minerals from which, in the opinion of the Minister, a prescribed substance can be obtained; or (c) work carried out by the person or on the person’s behalf or under the person’s direction in connexion with the production or use of a prescribed substance or of minerals from which, in the opinion of the Minister, a prescribed substance can be obtained. (2) A person must not refuse to comply with a notice served on the person under subsection (1). Penalty: (a) in the case of a natural person—20 penalty units; or (b) in the case of a body corporate—100 penalty units. (3) Subsection (2) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code. (4) A person must not fail to comply with a notice served on the person under subsection (1). Penalty: (a) in the case of a natural person—20 penalty units; or (b) in the case of a body corporate—100 penalty units. (5) Subsection (4) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code. (6) An offence against subsection (4) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.