Section sec.174 - Transport Operations (Marine Safety) Act 1994 - Power to require information from certain persons

sec.174Power to require information from certain persons

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### sec.174 Power to require information from certain persons This section applies if a shipping inspector suspects, on reasonable grounds— an offence against this Act has happened; and a person may be able to give information about the offence. The shipping inspector may require the person to give information about the offence. When making the requirement, the shipping inspector must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse. The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. It is a reasonable excuse for the person to fail to give information if giving the information might tend to incriminate the person. The person does not commit an offence against this section if the information sought by the shipping inspector is not in fact relevant to the offence. (sec.174-ssec.1) This section applies if a shipping inspector suspects, on reasonable grounds— an offence against this Act has happened; and a person may be able to give information about the offence. (sec.174-ssec.2) The shipping inspector may require the person to give information about the offence. (sec.174-ssec.3) When making the requirement, the shipping inspector must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse. (sec.174-ssec.4) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. (sec.174-ssec.5) It is a reasonable excuse for the person to fail to give information if giving the information might tend to incriminate the person. (sec.174-ssec.6) The person does not commit an offence against this section if the information sought by the shipping inspector is not in fact relevant to the offence. - (a) an offence against this Act has happened; and - (b) a person may be able to give information about the offence.