Power of formal questioning
303 Power of formal questioning
(1) For the purposes of a compliance review or investigation, an inspector may, by written notice, require a person:
(a) within the time allowed in the notice, to provide written answers to specific questions or other specified written information; or
(b) to attend before the inspector at a specified time and place for examination on a subject stated in the notice; or
(c) within the time allowed in the notice, to produce specified records or documents; or
(d) within the time allowed in the notice, to produce records or documents of a specified kind.
(2) A person required under subsection (1)(a) to provide written answers to questions or other written information must verify the answers or information by statutory declaration.
A person who attends for examination before an inspector must:
(a) if the inspector so requires – take an oath to answer truthfully all questions put to the person by the inspector; and
answer questions put to the person at the examination.
(4) A person commits an offence if the person fails to comply with a requirement under this section.
Maximum penalty: 100 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(6) It is a defence to a prosecution for an offence against subsection (4) if the defendant took reasonable steps to comply with the requirement under this section.
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