sec.141Power to require production of documents and answers to questions

### sec.141 Power to require production of documents and answers to questions An inspector who enters a place under section 138 may— require a person to tell the inspector who has custody of, or access to, a document; or require a person who has custody of, or access to, a document to produce that document to the inspector while the inspector is at that place or within a stated period; or require a person at the place to answer any questions put by the inspector. A requirement under subsection (1) (b) must be made by written notice unless the circumstances require the inspector to have immediate access to the document. Also, within 30 days after the day the inspector enters the place, the inspector or another inspector may give a written notice to a person requiring the person— if the person has custody of, or access to, a particular document—to produce the document to the inspector or other inspector within a stated period; or to give written answers to particular questions within a stated period; or to attend before the inspector or other inspector and answer any questions put by the inspector or other inspector— at a particular time and place; or at a particular time by audiovisual link or audio link. See section 141B (2) in relation to matters required to be stated in the notice. If a requirement is made of a person under subsection (3) (c) (i) to attend before the inspector or other inspector in person— the person may ask to attend by audiovisual link or audio link instead; and the inspector or other inspector must agree to the request if it would be reasonable in the circumstances. If a requirement is made of a person under subsection (3) (c) (ii) to attend before the inspector or other inspector by audiovisual link or audio link— the person may ask to attend in person; and the inspector or other inspector must agree to the request if it would be reasonable in the circumstances. A requirement under subsection (3) may only relate to a document or question relevant to the purpose for which the place was entered. A notice under subsection (3) may be given in any way that a notice may be issued or given under section 150G . An interview conducted by an inspector under subsection (1) (c) or (3) (c) must be conducted in private if— the inspector considers it appropriate; or the person being interviewed so requests. Subsection (8) does not limit the operation of section 138C or prevent a representative of the person being interviewed from being present at the interview. Subsection (8) may be invoked during an interview by— the inspector; or the person being interviewed; in which case the subsection applies to the remainder of the interview. A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section. Maximum penalty—100 penalty units See section 141A and 141B in relation to self-incrimination and section 192A in relation to legal professional privilege. Subsection (11) places an evidential burden on the defendant to show a reasonable excuse. s 141 sub 2011 No. 18 s 379 amd 2024 No. 44 s 20 (sec.141-ssec.1) An inspector who enters a place under section 138 may— require a person to tell the inspector who has custody of, or access to, a document; or require a person who has custody of, or access to, a document to produce that document to the inspector while the inspector is at that place or within a stated period; or require a person at the place to answer any questions put by the inspector. (sec.141-ssec.2) A requirement under subsection (1) (b) must be made by written notice unless the circumstances require the inspector to have immediate access to the document. (sec.141-ssec.3) Also, within 30 days after the day the inspector enters the place, the inspector or another inspector may give a written notice to a person requiring the person— if the person has custody of, or access to, a particular document—to produce the document to the inspector or other inspector within a stated period; or to give written answers to particular questions within a stated period; or to attend before the inspector or other inspector and answer any questions put by the inspector or other inspector— at a particular time and place; or at a particular time by audiovisual link or audio link. See section 141B (2) in relation to matters required to be stated in the notice. (sec.141-ssec.4) If a requirement is made of a person under subsection (3) (c) (i) to attend before the inspector or other inspector in person— the person may ask to attend by audiovisual link or audio link instead; and the inspector or other inspector must agree to the request if it would be reasonable in the circumstances. (sec.141-ssec.5) If a requirement is made of a person under subsection (3) (c) (ii) to attend before the inspector or other inspector by audiovisual link or audio link— the person may ask to attend in person; and the inspector or other inspector must agree to the request if it would be reasonable in the circumstances. (sec.141-ssec.6) A requirement under subsection (3) may only relate to a document or question relevant to the purpose for which the place was entered. (sec.141-ssec.7) A notice under subsection (3) may be given in any way that a notice may be issued or given under section 150G . (sec.141-ssec.8) An interview conducted by an inspector under subsection (1) (c) or (3) (c) must be conducted in private if— the inspector considers it appropriate; or the person being interviewed so requests. (sec.141-ssec.9) Subsection (8) does not limit the operation of section 138C or prevent a representative of the person being interviewed from being present at the interview. (sec.141-ssec.10) Subsection (8) may be invoked during an interview by— the inspector; or the person being interviewed; in which case the subsection applies to the remainder of the interview. (sec.141-ssec.11) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section. Maximum penalty—100 penalty units See section 141A and 141B in relation to self-incrimination and section 192A in relation to legal professional privilege. (sec.141-ssec.12) Subsection (11) places an evidential burden on the defendant to show a reasonable excuse. - (a) require a person to tell the inspector who has custody of, or access to, a document; or - (b) require a person who has custody of, or access to, a document to produce that document to the inspector while the inspector is at that place or within a stated period; or - (c) require a person at the place to answer any questions put by the inspector. - (a) if the person has custody of, or access to, a particular document—to produce the document to the inspector or other inspector within a stated period; or - (b) to give written answers to particular questions within a stated period; or - (c) to attend before the inspector or other inspector and answer any questions put by the inspector or other inspector— (i) at a particular time and place; or (ii) at a particular time by audiovisual link or audio link. - (i) at a particular time and place; or - (ii) at a particular time by audiovisual link or audio link. - (i) at a particular time and place; or - (ii) at a particular time by audiovisual link or audio link. - (a) the person may ask to attend by audiovisual link or audio link instead; and - (b) the inspector or other inspector must agree to the request if it would be reasonable in the circumstances. - (a) the person may ask to attend in person; and - (b) the inspector or other inspector must agree to the request if it would be reasonable in the circumstances. - (a) the inspector considers it appropriate; or - (b) the person being interviewed so requests. - (a) the inspector; or - (b) the person being interviewed;