Asking questions and seeking production of documents
24 Asking questions and seeking production of documents
Application
This section applies if an authorised person enters premises for the purposes of determining:
whether a provision subject to monitoring under this Part has been, or is being, complied with; or
whether information subject to monitoring under this Part is correct; or
a matter subject to monitoring under this Part.
Entry with consent
If the entry is authorised because the occupier of the premises consented to the entry, the authorised person may ask the occupier to answer any questions, and produce any document, relating to:
the operation of the provision; or
the information; or
the matter.
Entry under a monitoring warrant
If the entry is authorised by a monitoring warrant, the authorised person may require any person on the premises to answer any questions, and produce any document, relating to:
the operation of the provision; or
the information; or
the matter.
A person is not subject to a requirement under subsection (3) if:
the person does not possess the information or document required; and
the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (3); and
the person fails to comply with the requirement.
Penalty for contravention of this subsection: 30 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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