29Authorised officer may request persons to answer questions

29 Authorised officer may request persons to answer questions

(1) If the authorised officer was only authorised to enter premises because the occupier of the premises consented to the entry, the authorised officer may ask the occupier to: (a) answer any questions related to the operation of this Act that are put by the authorised officer; and (b) produce any document requested by the authorised officer that is so related. (2) If the authorised officer was authorised to enter the premises by a monitoring warrant, the authorised officer has power to require the occupier (if the occupier is in or on the premises), or another person who apparently represents the occupier (if that person is in or on the premises), to: (a) answer any questions related to the operation of this Act that are put by the authorised officer; and (b) produce any document requested by the authorised officer that is so related. (3) A person commits an offence if the person refuses or fails to comply with a requirement under subsection (2).

Penalty: 10 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(4) An individual is excused from complying with a requirement of subsection (2) if the answer to the question or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code.