42Inspector on premises under monitoring warrant may require persons to answer questions etc.

42 Inspector on premises under monitoring warrant may require persons to answer questions etc.

(1) An inspector who is authorised to enter premises by a monitoring warrant may require any person in or on the premises to: (a) answer any questions put by the inspector; or (b) produce any book, record or document requested by the inspector. (2) A person commits an offence if the person refuses or fails to comply with a requirement under subsection (1).

Penalty: Imprisonment for 6 months.

(3) A person is excused from complying with a requirement under subsection (1) if the answer to the question or the production of the book, record or document might tend to incriminate the person or expose the person to a penalty.

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