Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_74:p3
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 74 (pt 3/5)
Character Range: 2287998–2290624

person covered by subparagraph (i)(ii) of the definition of regulated business premises in clause 3—a person representing the person; or
 (vi) in the case of an inspection at a place other than a facility—any person representing the titleholder;
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 on 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 on which 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.
Note: The same conduct may be an offence against both subclause (7) of this clause and section 137.1 of the Criminal Code.

Self‑incrimination
 (8) A person is not excused from answering a question or producing a document or thing when required to do so under subclause (1) or (3) on the ground that the answer to the question, or the production of the document or thing, may tend to incriminate the person or make the person liable to a penalty.
 (9) However, in the case of an individual:
 (a) the answer given or document or thing produced; or
 (b) answering the question or producing the document or thing; or
 (c) any information, document or thing obtained as