Water Act 2007

This section applies in relation to an inquiry under section 239AA if the Inspector‑General determined the terms of reference for the inquiry under section 239AB.

A determination under subsection 239AB(1) of the terms of reference for an inquiry under section 239AA must specify the legislative powers of the Commonwealth that support the exercise of the power in subsection (2) of this section (see subsection 239AB(2)).

If the Inspector‑General reasonably believes that a person has information or knowledge (the compellable information) that may assist the Inspector‑General in conducting the inquiry, the Inspector‑General may, by written notice, require the person to appear before the Inspector‑General to answer questions in relation to the compellable information.

A notice given under subsection (2) must:

specify the time and place the person must appear to answer questions; and

specify the nature of the compellable information to which the questions will relate; and

state that the person may be accompanied by a lawyer; and

state whether any other persons may accompany the person; and

set out the effect of:

subsections (5) and (6) of this section and section 239AH (which deals with the privilege against self‑incrimination and legal professional privilege); and

section 137.1 of the Criminal Code (which deals with false or misleading information).

The time specified under paragraph (3)(a) must be at least 14 days after the notice is given.

A person commits an offence if:

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

A person is liable to a civil penalty if:

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

In proceedings against a person for a contravention of a civil penalty provision, it is generally not necessary to prove the person’s state of mind (see section 154C).

Subsection (6) does not apply if the person has a reasonable excuse.

The person bears an evidential burden in relation to the matter in this subsection (see section 154E).

If a person gives answers to questions in compliance with a notice given to the person under subsection (2), the Inspector‑General must give a written record of the answers to the person.