84Offences relating to enforcement

84 Offences relating to enforcement

S. 84 amended by Nos 61/2003 s. 30(2), 22/2022 s. 45.

A person must not—

S. 84(a) substituted by No. 35/2009 s. 15.

(a) obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate an authorised officer in exercising his or her powers under this Act or the regulations; or

(b) contravene a lawful direction, order or requirement of an authorised officer; or

(c) refuse to answer a question lawfully asked by an authorised officer or to produce a document lawfully required by an authorised officer; or

(d) interfere with anything done by an authorised officer in the exercise of his or her powers under this Act or the regulations; or

S. 84(e) amended by Nos 61/2003 s. 30(1)(a), 67/2006 s. 21.

(e) include in an application or request to the Secretary under this Act or the regulations, or in a notice under section 46(1), 47E or 70D, a statement that he or she knows to be false or misleading in a material respect; or

S. 84(f) inserted by No. 61/2003 s. 30(1)(b).

(f) in any way, hold himself or herself out to be an authorised officer if the person is not an authorised officer.

S. 84(2) repealed by No. 22/2022 s. 46.

S. 84(3) inserted by No. 61/2003 s. 30(3), repealed by No. 22/2022 s 46.

S. 84AA inserted by No. 22/2022 s. 46.

84AA Protection against self-incrimination

(1) Before an authorised officer requires a natural person to produce a document or record or answer a question under this Part, the authorised person must inform the person of the person's right under subsection (3).

(2) A person is not excused from producing a document or record or answering a question if required to do so under this Part on the ground that the production of the document or record or the response to the question would tend to incriminate the person or make the person liable to a penalty.

(3) Despite subsection (1), if, before producing a document or record or answering a question required under this Part a natural person claims that the production of the document or record or the response to the question would tend to incriminate the person or make the person liable to a penalty, the document or record or response is not admissible in evidence against the person in any criminal or civil proceeding, or in any proceeding for the imposition of a penalty other than in a proceeding for an offence under section 84(e).

(4) Subsection (2) does not apply to a person who is asked to state the person's name and address by an authorised officer in exercising a power under this Division.