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Water Act 2007
222DPower to require information
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222D Power to require information
(1) This section applies to a person that is an agency of the Commonwealth or an agency of a State if the Authority has reason to believe that information (the compellable information) relating to any of the following matters:
(a) the preparation and implementation of the Basin Plan;
(b) a matter:
(i) relevant to the performance of the Authority’s functions; and
(2) The Authority may, in writing, require the person to give specified compellable information to the Authority:
(a) within a specified period of time (which must not be less than 14 days after the requirement is made); and
(b) in a specified form or manner.
(4) A person is liable to a civil penalty if:
Note: In proceedings against a person for a contravention of a civil penalty provision, it is generally not necessary to prove the person’s state of mind (see section 154C).
(b) the person gives information to the Authority in compliance or purported compliance with that requirement; and
Note: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).
Exception
(6) Subsection (4) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse merely because the information in question is:
Note: The person bears an evidential burden in relation to the matter in this subsection (see section 154E of this Act).