QLDIn ForceAct
Public Health Act 2005
sec.346Failure to comply with requirement
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### sec.346 Failure to comply with requirement
A person of whom a requirement or direction is made under section 345 (1) (a) to (h) or (4) must comply with the requirement or direction, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
It is not a reasonable excuse to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.
However, the following is not admissible in evidence against an individual in any civil or criminal proceeding—
any answer given by the individual in complying with the requirement ( primary evidence );
any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).
Subsection (3) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.
(sec.346-ssec.1) A person of whom a requirement or direction is made under section 345 (1) (a) to (h) or (4) must comply with the requirement or direction, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.346-ssec.2) It is not a reasonable excuse to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.
(sec.346-ssec.3) However, the following is not admissible in evidence against an individual in any civil or criminal proceeding— any answer given by the individual in complying with the requirement ( primary evidence ); any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).
(sec.346-ssec.4) Subsection (3) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.
- (a) any answer given by the individual in complying with the requirement ( primary evidence );
- (b) any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).