Australian Naval Nuclear Power Safety Act 2024

This section applies if an inspector:

enters a monitoring area under section 40; or

enters an investigation area under section 47.

The inspector may require a person in the monitoring area or investigation area to:

answer any questions; and

produce any document (whether or not the document is in the area at the time the inspector makes the requirement of the person);

if paragraph (1)(a) applies—a purpose referred to in paragraph 40(1)(a), (b) or (c); or

if paragraph (1)(b) applies—evidential material.

Before making a requirement of a person under subsection (2), the inspector must:

show the person the inspector’s identity card; and

explain to the person that failure to comply with the requirement is an offence under this section; and

explain to the person the effect of sections 97 and 98.

Sections 97 and 98 deal with legal professional privilege, the privilege against self‑incrimination and penalty privilege.

A person commits an offence of strict liability if:

the person is required to answer a question or produce a document under subsection (2); and

the person fails to answer the question or produce the document.

Subsection (4) does not apply to a person if:

the person does not possess:

the information required to answer the question; or

the document; and

the person has taken all reasonable steps available to the person to obtain the information or document and has been unable to do so.

A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).