Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the authorised officer was authorised to enter premises because the occupier of the premises consented to the entry, the authorised officer may ask the occupier to:
(a) answer any questions relating to the operation of this Act, the regulations or the AML/CTF Rules that are put by the authorised officer; and
(b) produce any document relating to the operation of this Act, the regulations or the AML/CTF Rules that is requested by the authorised officer.
(2) If the authorised officer was authorised to enter the premises by a monitoring warrant, the authorised officer may require any person in or on the premises to:
(a) answer any questions relating to the operation of this Act, the regulations or the AML/CTF Rules that are put by the authorised officer; and
(b) produce any document relating to the operation of this Act, the regulations or the AML/CTF Rules that is requested by the authorised officer.
Note: Monitoring warrants are issued under section 159.
(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 breaches the requirement.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
Self - incrimination
(4) A person is not excused from answering a question or producing a document under subsection (2) on the ground that the answering of the question or the production of the document might tend to incriminate the person or expose the person to a penalty.
(5) However:
(a) the answer given or the document produced; or
(b) answering the question or producing the document;
is not admissible in evidence against the person:
(c) in civil proceedings other than proceedings under the Proceeds of Crime Act 2002 that relate to this Act; or
(d) in criminal proceedings other than:
(i) proceedings for an offence against subsection (3); or
(ii) proceedings for an offence against section 136 or 137 that relates to this section; or
(iii) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section.