Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p23
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 56800–59461

compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.

Copies of seized things to be provided

"34N.(1) Subject to subsection (2), if an authorised officer seizes under section 34D or 34E:

     (a) a document, film, computer file or other thing that can be readily copied; or

  (b) a storage device the information in which can be readily copied;

the officer must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the person as soon as practicable after the seizure.

  "(2) Subsection (1) does not apply if:

     (a) the thing that has been seized was seized under paragraph 34D(3)(b) or (c) or 34E(6)(b) or (c); or

     (b) possession by the occupier of the document, film, computer file, thing or information could constitute an offence.

Power to require persons to provide information etc.

"34P.(1) If an authorised officer is on or in premises because the occupier of the premises consented to the officer's entry—the officer may direct the occupier to:

  (a) answer any questions put by the officer; and

  (b) produce any records or documents requested by the officer.

"(2) An authorised officer who is on or in any premises that he or she has entered under a warrant may require any person on or in the premises to:

  (a) answer any questions put by the officer; and

  (b) produce any records or documents requested by the officer.

"(3) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (2).

Penalty: 30 penalty units.

"(4) It is a reasonable excuse for a person to refuse or fail to provide information, to answer a question or to produce a document on the ground that to do so would tend to incriminate the person.

  "(5) A person must not, intentionally or recklessly:

    (a) make a statement to an authorised officer, either orally or in writing, that is false or misleading in a material particular; or

    (b) present a document to an authorised officer that is false or misleading in a material particular.

Penalty: Imprisonment for 1 year.

Consent

"34Q.(1) Before obtaining the consent of a person for the purposes of section 34D, the authorised officer must inform that person that he or she may refuse to give consent.

"(2) An entry by an authorised officer by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.

Persons to assist authorised officers