Transport Security (Counter-Terrorism) Act 2008
sec.42Power to require reasonable help or information
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sec.42 Power to require reasonable help or information
An authorised officer may require a relevant person at a place or prescribed vehicle entered under this part to give the authorised officer— reasonable help to exercise a power under section 41 ; or a requirement to give the authorised officer reasonable help to find and gain access to a particular document required to be kept under this Act a requirement to operate electronic equipment at the place to enable the authorised officer to copy a document on a disk, tape or other device information, including electronically stored information, to help the authorised officer ascertain whether this Act is being or has been complied with. See also, section 45 (1) (a) for an authorised officer’s further power to require information. When making a requirement under subsection (1) , the authorised officer must warn the person that it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. A person required to give reasonable help under subsection (1) (a) , or to give information under subsection (1) (b) , must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—60 penalty units. If the person is an individual, it is a reasonable excuse for the person not to comply with a requirement to give information under subsection (1) (b) if complying with the requirement might tend to incriminate the person or make the person liable to a penalty. In this section— relevant person means— for a place—the occupier of, or someone else at, the place; or for a prescribed vehicle—the person in control of, or someone else at, the prescribed vehicle. (sec.42-ssec.1) An authorised officer may require a relevant person at a place or prescribed vehicle entered under this part to give the authorised officer— reasonable help to exercise a power under section 41 ; or a requirement to give the authorised officer reasonable help to find and gain access to a particular document required to be kept under this Act a requirement to operate electronic equipment at the place to enable the authorised officer to copy a document on a disk, tape or other device information, including electronically stored information, to help the authorised officer ascertain whether this Act is being or has been complied with. See also, section 45 (1) (a) for an authorised officer’s further power to require information. (sec.42-ssec.2) When making a requirement under subsection (1) , the authorised officer must warn the person that it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. (sec.42-ssec.3) A person required to give reasonable help under subsection (1) (a) , or to give information under subsection (1) (b) , must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—60 penalty units. (sec.42-ssec.4) If the person is an individual, it is a reasonable excuse for the person not to comply with a requirement to give information under subsection (1) (b) if complying with the requirement might tend to incriminate the person or make the person liable to a penalty. (sec.42-ssec.5) In this section— relevant person means— for a place—the occupier of, or someone else at, the place; or for a prescribed vehicle—the person in control of, or someone else at, the prescribed vehicle.