sec.434Power to require information or documents

### sec.434 Power to require information or documents Subsection (2) applies if an authorised officer reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence. The authorised officer may, by notice given to the person, require the person to give the authorised officer, either orally or in writing, information in the person’s knowledge about the offence within a stated reasonable period and in a stated reasonable way. An authorised officer may, by notice given to a person, require the person to give an authorised officer, within a stated reasonable period and in a stated reasonable way, a document in the person’s possession or control relating to a service provider’s registered service or a recycled water provider’s production or supply of recycled water. The authorised officer may keep the document mentioned in subsection (3) to copy it. If the authorised officer copies the document, or an entry in the document, the chief executive or officer may require the person who has possession or control of the document to certify the copy as a true copy of the document or entry. The authorised officer must return the document to the person as soon as practicable after copying it. A person of whom a requirement is made under subsection (2) , (3) or (5) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units. If the person is an individual, it is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2) or (3) that complying with the requirement might tend to incriminate the person. However, if the person is an individual, evidence of, or evidence directly or indirectly derived from, the information that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information. If a court convicts a person of an offence against subsection (7) , the court may also order the person to give a stated authorised officer, within a stated period and in a stated way, information or a document to which the requirement related. The powers in this part are limited by part 2 (Powers of authorised officers). s 434 amd 2013 No. 23 s 352 sch 1 pt 1 (sec.434-ssec.1) Subsection (2) applies if an authorised officer reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence. (sec.434-ssec.2) The authorised officer may, by notice given to the person, require the person to give the authorised officer, either orally or in writing, information in the person’s knowledge about the offence within a stated reasonable period and in a stated reasonable way. (sec.434-ssec.3) An authorised officer may, by notice given to a person, require the person to give an authorised officer, within a stated reasonable period and in a stated reasonable way, a document in the person’s possession or control relating to a service provider’s registered service or a recycled water provider’s production or supply of recycled water. (sec.434-ssec.4) The authorised officer may keep the document mentioned in subsection (3) to copy it. (sec.434-ssec.5) If the authorised officer copies the document, or an entry in the document, the chief executive or officer may require the person who has possession or control of the document to certify the copy as a true copy of the document or entry. (sec.434-ssec.6) The authorised officer must return the document to the person as soon as practicable after copying it. (sec.434-ssec.7) A person of whom a requirement is made under subsection (2) , (3) or (5) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (sec.434-ssec.8) If the person is an individual, it is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2) or (3) that complying with the requirement might tend to incriminate the person. (sec.434-ssec.9) However, if the person is an individual, evidence of, or evidence directly or indirectly derived from, the information that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information. (sec.434-ssec.10) If a court convicts a person of an offence against subsection (7) , the court may also order the person to give a stated authorised officer, within a stated period and in a stated way, information or a document to which the requirement related. The powers in this part are limited by part 2 (Powers of authorised officers). - (a) an offence against this Act has been committed; and - (b) a person may be able to give information about the offence.