Document ID: chunk:federal_register_of_legislation:C2004A00599:clause:1_67es
Version: federal_register_of_legislation:C2004A00599
Segment Type: clause
Provision Reference: sch 1 cl 67ES
Character Range: 44167–45929

67ES  Power to require persons to answer questions etc.

 (1) If an authorised officer is on or in premises because the occupier, or person apparently in charge, of the premises consented to the officer's entry—the officer may ask that occupier or person:
 (a) to answer any questions put by the authorised officer; and
 (b) to produce any documents requested by the authorised officer.

 (2) An authorised officer who is on or in premises that he or she has entered under a monitoring warrant may require any person on the premises:
 (a) to answer any questions put by the authorised officer; and
 (b) to produce any documents requested by the authorised officer.

 (3) The CEO may, by written notice, require any person whom he or she believes, on reasonable grounds, to be capable of giving information relevant to the operation of this Division to attend before an authorised officer specified in the notice, at a time and place specified in the notice:
 (a) to answer any questions put by the specified officer; and
 (b) to produce to the specified officer such documents as are referred to in the notice.

 (4) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (2) or (3).

Penalty: Imprisonment for 6 months.

 (5) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document on the ground that to do so would tend to incriminate the person.

 (6) A person must not, knowingly or recklessly:
 (a) make a statement to an authorised officer, either orally or in writing, that is false or misleading in a material particular; or
 (b) present a document to an authorised officer that is false or misleading in a material particular.

Penalty: Imprisonment for 12 months.