Direction to provide reasonable assistance for powers of inspection and search
61E Direction to provide reasonable assistance for powers of inspection and search
A police officer may direct a person to provide assistance to the officer to enable the officer to effectively exercise a power under section 61A or 61B.
A direction under subsection (1) must state that the direction must be complied with —
then and there; or
within a specified period.
A direction under subsection (1) —
can be given in relation to a power under section 61A or 61B only while the power can lawfully be exercised; and
ceases to have effect when that power is no longer exercisable.
A person to whom a direction is given under subsection (1) must not, without reasonable excuse, fail to comply with the direction.
Penalty for this subsection: a fine of 50 PU.
In subsection (3) —
reasonable excuse —
includes —
that the direction was unreasonable; or
that the direction or its subject matter was outside the scope of the business or other activities of the person;
but
does not include the excuse that the assistance may result in information being provided that might tend to incriminate the person or make the person liable to a penalty.
Despite subsection (4), information that resulted from the assistance provided by a person in compliance with a direction under subsection (1) is not admissible in evidence in any proceedings against the person.
[Section 61E inserted: No. 38 of 2020 s. 14; amended: No. 15 of 2024 s. 19.]
This Act’s bill:Explanatory memorandumSecond reading speech
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