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s 71

Power to require information from certain persons

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Part 4Enforcement
Division 4Other enforcement powers

71 Power to require information from certain persons

(1) This section applies if an authorised officer reasonably suspects:

(a)

an offence against this Act has been committed; and

(b)

a person may be able to give information about the offence.

(2) The authorised officer may, by written notice, require the person to give information about the suspected offence.

(3) When making the requirement, the authorised officer must inform the person it is an offence to fail to give the information unless the person has a reasonable excuse.

(4) A person commits an offence if the person engages in conduct that results in a contravention of the requirement.

Fault element: The person intentionally engages in the conduct.

Maximum penalty: 100 penalty units.

(5) It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.

(6) Without limiting subsection (5), it is a reasonable excuse for an individual to fail to answer the question if complying with the requirement might tend to incriminate the individual.

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