25After paragraph 442(5)(a)

25  After paragraph 442(5)(a)

 (aa) in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that he or she is an officer of Customs; or

26  After Division 8 of Part 17

Division 8A—Power to ask questions about specimens

443A  Authorised officer may ask questions about the nature or origin of specimens

When section applies

 (1) This section applies if an authorised officer has reasonable grounds to suspect that:

 (a) a specimen has been exported, or is proposed to be exported, in contravention of section 303CC or 303DD; or

 (b) a specimen has been imported, or is proposed to be imported, in contravention of section 303CD or 303EK; or

 (c) a person has in the person’s possession a specimen, and that possession contravenes section 303GN.

Note: Sections 303CC, 303CD, 303DD, 303EK and 303GN are included in Part 13A, which deals with international movement of wildlife specimens.

Questions

 (2) If the authorised officer has reasonable grounds to suspect that a person has information about the nature or origin of the specimen, the authorised officer may ask the person one or more questions about the nature or origin of the specimen.

Answers to questions

 (3) Subject to subsections (6) and (7), if a person is asked a question under subsection (2), the person must not intentionally refuse or intentionally fail to answer the question to the extent that the person is capable of doing so.

 (4) A person who contravenes subsection (3) is guilty of an offence punishable on conviction by a fine not exceeding 10 penalty units.

 (5) In subsection (3), strict liability applies to the circumstance that the person was asked a question under subsection (2).

No requirement to give incriminating answers

 (6) If a person is asked a question under subsection (2), the person is not required to answer the question if the answer might tend to incriminate the person or expose the person to a penalty.

Identity cards etc.

 (7) If a person is asked a question under subsection (2) by an authorised officer, the person is not required to answer the question unless:

 (a) if the authorised officer is a member of a police force—the authorised officer produces, for inspection by the person, written evidence of the fact that the authorised officer is a member of that police force; or

 (b) if the authorised officer is an officer of Customs—the authorised officer produces, for inspection by the person, written evidence of the fact that the authorised officer is an officer of Customs; or