QLDIn ForceAct
Environmental Protection Act 1994
sec.465Power to require answers to questions
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### sec.465 Power to require answers to questions
This section applies if an authorised person suspects, on reasonable grounds, that—
an offence against this Act has happened; and
a person may be able to give information about the offence.
The authorised person may—
require the person to answer a question about the suspected offence; or
by written notice given to the person, require the person to attend a stated reasonable place at a stated reasonable time, to answer questions about the suspected offence.
Also, the authorised person may, by written notice given to a corporation, require the corporation to nominate, within a stated reasonable period, an executive officer or employee of the corporation who is authorised by the corporation to answer a question under this section as the corporation’s representative.
On a person being nominated by the corporation under subsection (3) , the authorised person may by written notice given to the nominated person, require the person to attend a stated reasonable place at a stated reasonable time, to answer questions about the suspected offence.
An answer given by a person nominated by the corporation under subsection (3) binds the corporation.
When making a requirement under subsection (2) , (3) or (4) , the authorised person must warn the person of whom the requirement is made that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
A notice given under subsection (2) (b) or (4) must—
identify the suspected offence; and
state that the authorised person believes the person may be able to give information about the suspected offence; and
include the warning required to be given under subsection (6) .
s 465 amd 2011 No. 6 s 84 ; 2023 No. 6 s 99
(sec.465-ssec.1) This section applies if an authorised person suspects, on reasonable grounds, that— an offence against this Act has happened; and a person may be able to give information about the offence.
(sec.465-ssec.2) The authorised person may— require the person to answer a question about the suspected offence; or by written notice given to the person, require the person to attend a stated reasonable place at a stated reasonable time, to answer questions about the suspected offence.
(sec.465-ssec.3) Also, the authorised person may, by written notice given to a corporation, require the corporation to nominate, within a stated reasonable period, an executive officer or employee of the corporation who is authorised by the corporation to answer a question under this section as the corporation’s representative.
(sec.465-ssec.4) On a person being nominated by the corporation under subsection (3) , the authorised person may by written notice given to the nominated person, require the person to attend a stated reasonable place at a stated reasonable time, to answer questions about the suspected offence.
(sec.465-ssec.5) An answer given by a person nominated by the corporation under subsection (3) binds the corporation.
(sec.465-ssec.6) When making a requirement under subsection (2) , (3) or (4) , the authorised person must warn the person of whom the requirement is made that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
(sec.465-ssec.7) A notice given under subsection (2) (b) or (4) must— identify the suspected offence; and state that the authorised person believes the person may be able to give information about the suspected offence; and include the warning required to be given under subsection (6) .
- (a) an offence against this Act has happened; and
- (b) a person may be able to give information about the offence.
- (a) require the person to answer a question about the suspected offence; or
- (b) by written notice given to the person, require the person to attend a stated reasonable place at a stated reasonable time, to answer questions about the suspected offence.
- (a) identify the suspected offence; and
- (b) state that the authorised person believes the person may be able to give information about the suspected offence; and
- (c) include the warning required to be given under subsection (6) .