107Offences relating to inspections under Part 2‑7

107 Offences relating to inspections under Part 2‑7

(1) A person shall not refuse or fail: (a) to attend before a person; (b) to furnish information; or (c) to answer a question; when required under section 87 to do so.

Penalty: Imprisonment for 6 months.

(2) A person shall not: (a) intentionally obstruct, hinder or resist a person in connection with the performance or exercise of the Ombudsman’s functions or powers under Part 2‑7; or (b) give to an inspecting officer, in connection with an inspection under Part 2‑7, information or a statement that the first‑mentioned person knows to be false or misleading in a material particular.

Penalty: Imprisonment for 6 months.

(3) Subsection (1) and paragraph (2)(a) do not apply if the person first mentioned in subsection (1) or (2) has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).