28Quarantine officer may require master and medical officer of vessel or installation to answer questions

#### 28 Quarantine officer may require master and medical officer of vessel or installation to answer questions Quarantine officer may require master or medical officer to answer questions (1) A quarantine officer may require any of the following: (a) the master of an overseas vessel that has arrived, or is expected to arrive, at a port in Australia, the Cocos Islands or Christmas Island; (b) the master of a vessel that has arrived or is expected to arrive: (i) at a place in Australia (other than a place in the Protected Zone or in a Special Quarantine Zone declared in respect of Australia) from a place in any of those zones; or (ii) at a place in the Cocos Islands (other than a place in a Special Quarantine Zone declared in respect of the Cocos Islands) from a place in such a zone; or (iii) at a place in Christmas Island (other than a place in a Special Quarantine Zone declared in respect of Christmas Island) from a place in such a zone; (c) the master of an overseas installation; (d) the commander of an overseas aircraft that has landed, or is expected to land, at a place in Australia, the Cocos Islands or Christmas Island that is not a landing place; (e) if a vessel, installation or aircraft referred to in paragraph (a), (b), (c) or (d) carries a medical officer—that medical officer; (f) the agent of the operator of a vessel, installation or aircraft referred to in paragraph (a), (b), (c) or (d); to answer questions asked by the quarantine officer about any prescribed matters that are relevant to the vessel, installation or aircraft. How questions to be asked and answers to be given (2) Any questions asked by a quarantine officer under subsection (1) may be oral or in writing and the quarantine officer may: (a) require the answers to be given orally; or (b) require the answers to be given in writing. Requirement to verify answer by written declaration (3) A quarantine officer may require a person who answers a question to verify the answer by making a written declaration. Action to be taken if answer found to be incorrect (4) If, after a person answers a question asked under subsection (1), the person becomes aware that the answer is incorrect, the person must cause the correct answer to be sent to a quarantine officer as soon as possible. Failure to answer orally (5) A person is guilty of an offence if: (a) the person is asked a question under subsection (1); and (b) the person is required to answer the question orally; and (c) the person fails to comply with the requirement. Maximum penalty: 50 penalty units. Failure to answer in writing (6) A person is guilty of an offence if: (a) the person is asked a question under subsection (1); and (b) the person is required to answer the question in writing; and (c) the person fails to comply with the requirement. Maximum penalty: 50 penalty units. Failure to make written declaration (7) A person is guilty of an offence if: (a) the person is required to verify an answer to a question by making a written declaration; and (b) the person fails to comply with the requirement. Maximum penalty: 50 penalty units. False or misleading answer (8) A person is guilty of an offence if: (a) the person is asked a question under subsection (1); and (b) the person gives an answer that the person knows to be false or misleading in a material particular. Maximum penalty: Imprisonment for 5 years. False or misleading declaration (9) A person is guilty of an offence if: (a) the person is asked to verify an answer to a question by making a written declaration; and (b) the person makes a statement in the declaration that the person knows to be false or misleading in a material particular. Maximum penalty: Imprisonment for 5 years. Failure to send correct answer (10) A person is guilty of an offence if: (a) subsection (4) applies to the person; and (b) the person fails to comply with that subsection. Maximum penalty: 50 penalty units. Definition (11) In this section: > making a written declaration, in relation to an answer to a question, means signing before an officer a written declaration as to the truth of the answer. > Note: The privilege against self incrimination does not apply in respect of requirements made under this section but a use derivative‑use indemnity applies (see subsections 79A(1) and (2)).