QLDIn ForceAct
Public Safety Preservation Act 1986
sec.8AMObligation to give, or to refuse to give, disclosure notice
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### sec.8AM Obligation to give, or to refuse to give, disclosure notice
This section applies if a request is made under section 8AL to a relevant officer to give a stated person a disclosure notice.
The relevant officer must give the stated person a disclosure notice unless the officer reasonably suspects that giving the notice might prejudice the effective management or resolution of the emergency situation.
The disclosure notice may be given in writing or orally.
The giving of the disclosure notice does not affect the time by which the person of whom the information requirement is made must comply with the information requirement.
An information requirement is made of a person and, under section 8AE (5) (a) (i) , requires the person to give the information immediately. The person asks for a disclosure notice to be given to the person’s lawyer to seek legal advice in relation to the information requirement. The obligation under subsection (2) for the relevant officer to give the person’s lawyer a disclosure notice does not affect the person’s obligation under section 8AG to comply with the information requirement by giving the information immediately.
If the relevant officer reasonably suspects that giving the stated person a disclosure notice might prejudice the effective management or resolution of the emergency situation, the officer must decide to refuse the request.
s 8AM ins 2016 No. 42 s 28
(sec.8AM-ssec.1) This section applies if a request is made under section 8AL to a relevant officer to give a stated person a disclosure notice.
(sec.8AM-ssec.2) The relevant officer must give the stated person a disclosure notice unless the officer reasonably suspects that giving the notice might prejudice the effective management or resolution of the emergency situation.
(sec.8AM-ssec.3) The disclosure notice may be given in writing or orally.
(sec.8AM-ssec.4) The giving of the disclosure notice does not affect the time by which the person of whom the information requirement is made must comply with the information requirement. An information requirement is made of a person and, under section 8AE (5) (a) (i) , requires the person to give the information immediately. The person asks for a disclosure notice to be given to the person’s lawyer to seek legal advice in relation to the information requirement. The obligation under subsection (2) for the relevant officer to give the person’s lawyer a disclosure notice does not affect the person’s obligation under section 8AG to comply with the information requirement by giving the information immediately.
(sec.8AM-ssec.5) If the relevant officer reasonably suspects that giving the stated person a disclosure notice might prejudice the effective management or resolution of the emergency situation, the officer must decide to refuse the request.