22Power to require production of documents, devices or other things and answers to questions

22 Power to require production of documents, devices or other things and answers to questions

S. 22(1) amended by No. 41/2019 s. 36.

(1) A transport safety officer who enters searchable premises or enters or boards a searchable bus or vessel may, for compliance and investigative purposes—

S. 22(1)(a) amended by No. 41/2019 s. 36(b).

(a) require a person at the premises or on the bus or vessel to tell the officer who has custody of, or access to, a document, device or other thing; or

S. 22(1)(b) amended by No. 41/2019 s. 36(b).

(b) require a person at the premises or on the bus or vessel who has custody of, or access to, a document, device or other thing to produce that document, device or other thing to the officer while the officer is at the premises or on the bus or vessel, or within a specified period; or

S. 22(1)(c) amended by No. 41/2019 s. 36(b).

(c) require a person at the premises or on the bus or vessel to answer any questions put by the officer.

(2) A requirement under subsection (1)(b) must be made by written notice unless the circumstances require the transport safety officer to have immediate access to the document, device or other thing.

(3) An interview conducted by a transport safety officer under subsection (1)(c) must be conducted in private if—

(a) the transport safety officer considers it appropriate; or

(b) the person being interviewed so requests.

(4) Subsection (3) does not limit the operation of section 13 or prevent a representative of the person being interviewed from being present at the interview.

(5) Subsection (3) may be invoked during an interview by—

(a) the transport safety officer; or

(b) the person being interviewed—

in which case the subsection applies to the remainder of the interview.

(6) A person must not, without reasonable excuse, fail to comply with a requirement under this section.

Penalty: In the case of a natural person, $5 000;

In the case of a body corporate, $25 000.