Document ID: chunk:federal_register_of_legislation:C2019A00092:clause:2b_8:p2
Version: federal_register_of_legislation:C2019A00092
Segment Type: clause
Provision Reference: sch 2B cl 8 (pt 2/4)
Character Range: 155558–158263

case of an inspection at a facility—the titleholder's representative at the facility who is nominated for the inspection, or any person engaged in a well activity at the facility; or
 (iii) in the case of an inspection at regulated business premises that are occupied by the titleholder—a person representing the titleholder; or
 (iv) in the case of an inspection at regulated business premises that are occupied by a related body corporate of the titleholder—a person representing the related body corporate; or
 (v) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (c)(ii) of the definition of regulated business premises in clause 2—a person representing the person; or
 (vi) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (d)(ii) of the definition of regulated business premises in clause 2—a person representing the person;
the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to produce the document or thing.
 (4) If, at the time when a requirement under subclause (3) is imposed on a person, the person is not physically present at a facility or regulated business premises, the person is not obliged to comply with the requirement unless the requirement:
 (a) is in writing; and
 (b) specifies the day on or before which the document or thing is to be produced; and
 (c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
The day specified under paragraph (b) must be at least 14 days after the day the requirement is imposed.

Offence
 (5) A person commits an offence if:
 (a) the person is subject to a requirement under this clause; and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
 (6) Subclause (5) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause (6)—see subsection 13.3(3) of the Criminal Code.
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).

False information
 (7) A person commits an offence if:
 (a) the person gives information to another person; and
 (b) the person does so knowing that the information is false or misleading in a material particular; and
 (c) the information is given in compliance or purported compliance with a requirement under this clause.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.

Self‑incrimination
 (8)