69Inspector may ask questions about the nature or origin of specimens

##### 69 Inspector may ask questions about the nature or origin of specimens When section applies (1) This section applies to a specimen if an inspector has reasonable grounds to suspect that: (a) the specimen has been exported, or is proposed to be exported, in contravention of section 21; or (b) the specimen has been imported, or is proposed to be imported, in contravention of section 22. Questions (2) If the inspector has reasonable grounds to suspect that a person has information about the nature or origin of the specimen, the inspector may ask the person one or more questions about the nature or origin of the specimen. Answers to questions (3) Subject to subsections (6), (7) and (8), if a person is asked a question under subsection (2), the person must not intentionally refuse or intentionally fail to answer the question. False answers (4) If a person is asked a question under subsection (2), the person must not give an answer that is false or misleading in a material particular if: (a) the person knows that the answer is false or misleading in a material particular; or (b) the person is reckless as to whether the answer is false or misleading in a material particular. Offence (5) A person who contravenes subsection (3) or (4) is guilty of an offence punishable on conviction by a fine not exceeding 10 penalty units. No requirement to give incriminating answers (6) If a person is asked a question under subsection (2), the person is not required to answer the question if the answer might tend to incriminate the person or expose the person to a penalty. > Note: The defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3) of the Criminal Code. Identity cards etc. (7) If a person is asked a question under subsection (2) by an inspector, the person is not required to answer the question unless: (a) if the inspector is a member of a police force—the inspector produces, for inspection by the person, written evidence of the fact that the inspector is a member of that police force; or (b) if the inspector is an officer of Customs—the inspector produces, for inspection by the person, written evidence of the fact that the inspector is an officer of Customs; or (c) if the inspector is neither a member of a police force nor an officer of Customs—the inspector produces the inspector’s identity card for inspection by the person. > Note: The defendant bears an evidential burden in relation to the matter in subsection (7). See subsection 13.3(3) of the Criminal Code. Capability to answer question (8) If a person is asked a question under subsection (2), the person is only required to answer the question to the extent that the person is capable of doing so. > Note: The defendant bears an evidential burden in relation to the matter in subsection (8). See subsection 13.3(3) of the Criminal Code.