Document ID: chunk:federal_register_of_legislation:C2024C00480:section:124
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 124
Character Range: 140541–142321

124  GEMS Regulator may require a person to appear before a GEMS inspector
 (1) The GEMS Regulator may give a written notice to a person who has GEMS information requiring the person to appear before the GEMS inspector specified in the notice:
 (a) to answer any questions put by the GEMS inspector; and
 (b) to produce to the GEMS inspector any documents that are referred to in the notice.
 (2) The notice must also specify:
 (a) the day on which the notice is given; and
 (b) the person to whom the notice is given; and
 (c) the time and place at which the person is to appear; and
 (d) that the person may commit an offence if the person does not comply with the notice.
The time referred to in paragraph (c) must be more than 14 days after the notice is given.
 (3) The notice must set out the effect of sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

Offence for failing to appear
 (4) A person commits an offence if:
 (a) the person is required to appear before a GEMS inspector under subsection (1); and
 (b) the person does not appear before the GEMS inspector.
Penalty for contravention of this subsection:  Imprisonment for 6 months or 30 penalty units, or both.

Offence for failing to answer questions or produce a document
 (5) A person commits an offence if:
 (a) the person is required under subsection (1) to appear before a GEMS inspector; and
 (b) when appearing before the GEMS inspector, the person does not:
 (i) answer a question put by the GEMS inspector; or
 (ii) produce a document to the GEMS inspector as required by notice given under that subsection.
Penalty for contravention of this subsection:  Imprisonment for 6 months or 30 penalty units, or both.

Division 8—Testing compliance of GEMS products