39ZHPower to require persons to answer questions and produce documents

39ZH Power to require persons to answer questions and produce documents

(1) An inspector who is on wine premises that the inspector has entered under a warrant issued under section 39ZD or 39ZF may require any person on the premises to: (a) answer any questions put by the inspector; and (b) produce any examinable documents requested by the inspector.

Note: An inspector may also exercise powers under this section for the purposes of Parts VIB and VII (see sections 40ZF and 44).

(2) A person commits an offence if: (a) the person is required to answer a question or produce an examinable document under subsection (1); and (b) the person refuses or fails to comply with the requirement.

Penalty: 30 penalty units.

(3) Subsection (2) does not apply if the answer to the question, or the producing of the document, would tend to incriminate the person.

Note: The defendant bears an evidential burden in relation to the matter in subsection (3). (See subsection 13.3(3) of the Criminal Code.)