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Ombudsman Act 2001
sec.30Compliance with investigation requirement
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### sec.30 Compliance with investigation requirement
A person who receives an investigation requirement must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
An excuse is a reasonable excuse for subsection (1) if—
within the time for compliance with the investigation requirement, the person gives the ombudsman a notice of the excuse in enough detail to allow the ombudsman to form an opinion on whether the excuse is reasonable; and
the ombudsman advises the person that, in the ombudsman’s opinion, the excuse is reasonable.
Subsection (2) does not limit what is a reasonable excuse.
It is not a reasonable excuse for subsection (1) that complying with the investigation requirement might tend to incriminate the person.
See section 48 for the restrictions on the admissibility in a proceeding of information given, or derived from information given, under subsection (1) .
s 30 amd 2017 No. 17 s 175
(sec.30-ssec.1) A person who receives an investigation requirement must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.30-ssec.2) An excuse is a reasonable excuse for subsection (1) if— within the time for compliance with the investigation requirement, the person gives the ombudsman a notice of the excuse in enough detail to allow the ombudsman to form an opinion on whether the excuse is reasonable; and the ombudsman advises the person that, in the ombudsman’s opinion, the excuse is reasonable.
(sec.30-ssec.3) Subsection (2) does not limit what is a reasonable excuse.
(sec.30-ssec.4) It is not a reasonable excuse for subsection (1) that complying with the investigation requirement might tend to incriminate the person. See section 48 for the restrictions on the admissibility in a proceeding of information given, or derived from information given, under subsection (1) .
- (a) within the time for compliance with the investigation requirement, the person gives the ombudsman a notice of the excuse in enough detail to allow the ombudsman to form an opinion on whether the excuse is reasonable; and
- (b) the ombudsman advises the person that, in the ombudsman’s opinion, the excuse is reasonable.