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Environment Protection (Beverage Containers and Plastic Bags) Act 2011
71Power to require information from certain persons
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71 Power to require information from certain persons
(1) This section applies if an authorised officer reasonably suspects:
(a) an offence against this Act has been committed; and
(b) a person may be able to give information about the offence.
(2) The authorised officer may, by written notice, require the person to
give information about the suspected offence.
(3) When making the requirement, the authorised officer must inform
the person it is an offence to fail to give the information unless the
person has a reasonable excuse.
Environment Protection (Beverage Containers and Plastic Bags) Act 2011 46
(4) A person commits an offence if the person engages in conduct that
results in a contravention of the requirement.
Fault element: The person intentionally engages in the
conduct.
(5) It is a defence to a prosecution for an offence against
subsection (4) if the defendant has a reasonable excuse.
(6) Without limiting subsection (5), it is a reasonable excuse for an
individual to fail to answer the question if complying with the
requirement might tend to incriminate the individual.