49Additional monitoring and investigation powers—production of transit permits

49 Additional monitoring and investigation powers—production of transit permits

(1) For the purposes of paragraph 44(2)(e) or 46(2)(e), the powers under Part 2 or 3 of the Regulatory Powers Act include the powers in this section if an authorised person acting under that Part has reasonable grounds for suspecting that a person (the suspected person): (a) intends to carry out a transit proposal; or (b) is carrying out a transit proposal; or (c) has carried out a transit proposal. (2) The authorised person may require the suspected person to produce, or to produce evidence of the existence and contents of: (a) a transit permit authorising the carrying out of the transit proposal; or (b) a notification in force under subsection 33G(1) that a transit permit is not required for the transit proposal. Complying with requirement (3) A person contravenes this subsection if: (a) the person is subject to a requirement under subsection (2); and (b) the person fails to comply with the requirement.

Note: An example of failing to comply with a requirement is refusing to comply with it.

Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subsection (3).

Penalty: 30 penalty units.

Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (3).

Civil penalty: 240 penalty units.