Document ID: chunk:federal_register_of_legislation:C2024C00557:section:223b
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 223B
Character Range: 534701–536259

223B  Asking questions and seeking production of documents

Application
 (1) This section applies if an authorised compliance officer enters premises for the purposes of determining whether:
 (a) a designated compliance provision has been, or is being, complied with; or
 (b) information given in compliance, or purported compliance, with a designated compliance provision is correct.

Entry with consent
 (2) If the entry is authorised because the occupier of the premises consented to the entry, the authorised compliance officer may ask the occupier to answer any questions, and produce any document, relating to:
 (a) the operation of the designated compliance provision; or
 (b) the information.

Entry under a monitoring warrant
 (3) If the entry is authorised by a monitoring warrant, the authorised compliance officer may require any person on the premises to answer any questions, and produce any document, relating to:
 (a) the operation of the designated compliance provision; or
 (b) the information.
 (4) A person is not subject to a requirement under subsection (3) if:
 (a) the person does not possess the information or document required; and
 (b) the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it.

Fault‑based offence
 (5) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (3); and
 (b) the person fails to comply with the requirement.
Penalty for contravention of this subsection: 30 penalty units.