14BPower to require production of documents and answers to questions

14B Power to require production of documents and answers to questions

S. 14B(1) amended by No. 49/2018 s. 28(2).

(1) An inspector who enters a place under this Division may do any or all of the following—

S. 14B(1)(a) amended by No. 49/2018 s. 28(3).

(a) require a person to produce a document or part of a document; and

(b) examine that document or part; and

(c) require a person at the place to answer any questions put by the inspector.

(2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).

(3) Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector—

(a) must produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and

(b) must inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.

(4) A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3).

S. 14B(5) inserted by No. 49/2018 s. 28(4).

(5) Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence against this section must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.

Notes

1 The powers conferred by this section are limited in respect of a part of a place that is used only for residential purposes (see section 17).

Note 2 to s. 14B amended by No. 69/2009 s. 54(Sch. Pt 1 item 21.1).

2 This section does not affect legal professional privilege or client legal privilege (see section 23A) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see section 23).

S. 14C inserted by No. 31/2005 s. 27.