120Conduct of inquiries and investigations

120 Conduct of inquiries and investigations (1) A person appointed to hold a preliminary inquiry or formal investigation into a marine incident in relation to a vessel may: (a) go on board a vessel involved in the marine incident ; and (b) require a person to answer questions relating to the marine incident ; and (c) require the production of any document or certificate relating to a matter relating to the preliminary inquiry or formal (a) the person is required to answer a question under subsection (1)(b); and (b) in response to the requirement the person gives information; and (c) the person knows the information is misleading. Maximum penalty: 200 penalty units or imprisonment for 2 years. Marine Act 1981 23 (2A) A person commits an offence if: (a) the person is required to produce a document or certificate under subsection (1)(c); and (b) in response to the requirement the person produces a document or certificate; and (c) the person knows the document or certificate contains misleading information. Maximum penalty: 200 penalty units or imprisonment for 2 years. (2B) Strict liability applies to subsections (2)(a) and (2A)(a). (2C) Subsection (2A) does not apply if the person, when producing the document or certificate: (a) draws the misleading aspect of the document or certificate to the attention of the person to whom it is produced; and (b) to the extent to which the person can reasonably do so – gives the person to whom it is produced the information necessary to remedy the misleading aspect of the document or certificate. (2D) A person commits an offence if: (a) the person is required to answer a question under subsection (1)(b) or to produce a document or certificate under subsection (1)(c); and (b) the person refuses to answer the question or produce the document or certificate. (2E) An offence against subsection (2D) is an offence of strict liability. (2F) It is a defence to a prosecution for an offence against subsection (2D) if the defendant has a reasonable excuse. (3) Subsection (2) or (2D) does not require a person to answer a question if the answer thereto would or would tend to incriminate the person. (4) Unless otherwise prescribed, the procedure at a formal investigation must be as determined by the person holding the investigation but the investigation shall be conducted in such a manner that a person against whom allegations are made must Marine Act 1981 24 have the opportunity of rebutting those allegations. (5) A person holding a formal investigation into a marine incident in relation to a vessel must give the person's decision thereon in open court and make a full report to the Minister including such observations as the person thinks fit relating to the persons or circumstances contributing to the marine incident . misleading information means information that is misleading in a material particular or because of the omission of a material particular.