Power to require persons to answer questions etc
237 Power to require persons to answer questions etc
If an authorised officer is on or in airport premises because the occupier of the airport premises consented to the officer’s entry, the officer may ask the occupier to:
answer any questions put by the authorised officer; and
produce any documents requested by the authorised officer.
An authorised officer who is on or in airport premises that he or she has entered under a warrant may require any person on or in the airport premises:
to answer any questions put by the authorised officer; and
to provide any documents requested by the authorised officer.
A person commits an offence if:
the person is subject to a requirement under subsection (2); and
the person engages in conduct; and
the person’s conduct contravenes the requirement.
Penalty: Imprisonment for 6 months.
Subsection (3) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).
Strict liability applies to paragraph (3)(a).
For strict liability, see section 6.1 of the Criminal Code.
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.
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