OPCAT Implementation Act 2021
26Offence not to comply with requirement of Tasmanian national preventive mechanism
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26 Offence not to comply with requirement of Tasmanian national preventive mechanism
(1) A person must comply with a request or requirement of a Tasmanian national preventive mechanism that is relevant to the exercise of the Tasmanian national preventive mechanism’s functions under this Act.
Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
(2) Subsection (1) does not apply if such compliance would require the person to provide information, answer questions or produce documents –
(a) in respect of which there is a lawful claim or right of privilege, if the information, questions or documents are not legal advice furnished to an agency or instrumentality of the Tasmanian government or other authority to which this Act applies; or
(b) that may incriminate the person in an offence.