Commonwealth Consolidated Acts

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AIRPORTS ACT 1996 - SECT 237

Power to require persons to answer questions etc.

  (1)   If an authorised officer is on or in airport premises because the occupier of the airport premises consented to the officer's entry, the officer may ask the occupier to:

  (a)   answer any questions put by the authorised officer; and

  (b)   produce any documents requested by the authorised officer.

  (2)   An authorised officer who is on or in airport premises that he or she has entered under a warrant may require any person on or in the airport premises:

  (a)   to answer any questions put by the authorised officer; and

  (b)   to provide any documents requested by the authorised officer.

  (3)   A person commits an offence if:

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

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes the requirement.

Penalty:   Imprisonment for 6 months.

  (3A)   Subsection   (3) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3A) (see subsection   13.3(3) of the Criminal Code ).

  (3B)   Strict liability applies to paragraph   (3)(a).

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (4)   It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document on the ground that to do so would tend to incriminate the person.



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