84Asking questions and seeking production of documents

84 Asking questions and seeking production of documents

(1) This section applies if an inspector: (a) enters a monitoring area under section 40; or (b) enters an investigation area under section 47. Requirement to answer questions or produce documents (2) The inspector may require a person in the monitoring area or investigation area to: (a) answer any questions; and (b) produce any document (whether or not the document is in the area at the time the inspector makes the requirement of the person); relating to: (c) if paragraph (1)(a) applies—a purpose referred to in paragraph 40(1)(a), (b) or (c); or (d) if paragraph (1)(b) applies—evidential material. (3) Before making a requirement of a person under subsection (2), the inspector must: (a) show the person the inspector’s identity card; and (b) explain to the person that failure to comply with the requirement is an offence under this section; and (c) explain to the person the effect of sections 97 and 98.

Note: Sections 97 and 98 deal with legal professional privilege, the privilege against self‑incrimination and penalty privilege.

Offence (4) A person commits an offence of strict liability if: (a) the person is required to answer a question or produce a document under subsection (2); and (b) the person fails to answer the question or produce the document.

Penalty: 60 penalty units.

Exception (5) Subsection (4) does not apply to a person if: (a) the person does not possess: (i) the information required to answer the question; or (ii) the document; and (b) the person has taken all reasonable steps available to the person to obtain the information or document and has been unable to do so.

Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).