Document ID: chunk:federal_register_of_legislation:C2024A00091:section:84
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 84
Character Range: 123053–124880

84  Asking questions and seeking production of documents
 (1) This section applies if an inspector:
 (a) enters a monitoring area under section 40; or
 (b) enters an investigation area under section 47.

Requirement to answer questions or produce documents
 (2) The inspector may require a person in the monitoring area or investigation area to:
 (a) answer any questions; and
 (b) produce any document (whether or not the document is in the area at the time the inspector makes the requirement of the person);
relating to:
 (c) if paragraph (1)(a) applies—a purpose referred to in paragraph 40(1)(a), (b) or (c); or
 (d) if paragraph (1)(b) applies—evidential material.
 (3) Before making a requirement of a person under subsection (2), the inspector must:
 (a) show the person the inspector's identity card; and
 (b) explain to the person that failure to comply with the requirement is an offence under this section; and
 (c) explain to the person the effect of sections 97 and 98.
Note: Sections 97 and 98 deal with legal professional privilege, the privilege against self‑incrimination and penalty privilege.

Offence
 (4) A person commits an offence of strict liability if:
 (a) the person is required to answer a question or produce a document under subsection (2); and
 (b) the person fails to answer the question or produce the document.
Penalty: 60 penalty units.

Exception
 (5) Subsection (4) does not apply to a person if:
 (a) the person does not possess:
 (i) the information required to answer the question; or
 (ii) the document; and
 (b) the person has taken all reasonable steps available to the person to obtain the information or document and has been unable to do so.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).