Document ID: chunk:federal_register_of_legislation:C2024C00742:section:549
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 549
Character Range: 1156098–1157927

549  Power to require information etc.
 (1) An inspector who has entered land, premises, a vessel, an aircraft or a vehicle under Division 4 or 5 may, to the extent that is reasonably necessary for the purpose of ascertaining whether Part 21 has been complied with, require the person to:
 (a) answer any questions put by the inspector; and
 (b) produce any documents requested by the inspector.
 (1A) An inspector who has entered land, premises, a vessel, an aircraft or a vehicle under Division 4 or 5A may, to the extent that is reasonably necessary for the purpose of ascertaining whether the Spam Act 2003 has been complied with, require the person to:
 (a) answer any questions put by the inspector; and
 (b) produce any documents requested by the inspector.
 (2) An inspector is not entitled to make a requirement of a person under subsection (1) or (1A) unless:
 (a) the inspector produces his or her identity card for inspection by the person; or
 (b) the inspector is a member of a police force and is wearing the uniform of that police force.
 (3) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1) or (1A); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the requirement.
Penalty: 20 penalty units.
 (3A) Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).
 (4) An individual is excused from giving information or producing a document under this section if the information or the production of the document might tend to incriminate the individual or expose the individual to a penalty.
 (5) In this section:
engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.