Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen section applies
(1) This section applies if an authorised officer has reasonable grounds to suspect that:
(a) a specimen has been exported, or is proposed to be exported, in contravention of section 303CC or 303DD; or
(b) a specimen has been imported, or is proposed to be imported, in contravention of section 303CD or 303EK; or
(c) a person has in the person's possession a specimen, and that possession contravenes section 303GN.
Note: Sections 303CC, 303CD, 303DD, 303EK and 303GN are included in Part 13A, which deals with international movement of wildlife specimens.
Questions
(2) If the authorised officer has reasonable grounds to suspect that a person has information about the nature or origin of the specimen, the authorised officer may ask the person one or more questions about the nature or origin of the specimen.
(2A) The authorised officer may ask the questions:
(a) in any case--by asking them in the presence of the person; or
(b) if the authorised officer is not a member of a police force and is not an officer of Customs--by sending written questions to the person.
Answers to questions
(3) Subject to subsections (6) and (7), if a person is asked a question under subsection (2), the person must not intentionally refuse or intentionally fail to answer the question to the extent that the person is capable of doing so.
(4) A person who contravenes subsection (3) commits an offence punishable on conviction by a fine not exceeding 10 penalty units.
(5) In subsection (3), strict liability applies to the circumstance that the person was asked a question under subsection (2).
Note: For strict liability , see section 6.1 of the Criminal Code .
No requirement to give incriminating answers
(6) If a person is asked a question under subsection (2), the person is not required to answer the question if the answer might tend to incriminate the person or expose the person to a penalty.
Identity cards etc.
(7) If a person is asked a question under subsection (2) by an authorised officer, the person is not required to answer the question unless:
(a) if the authorised officer is a member of a police force--the authorised officer produces, for inspection by the person, written evidence of the fact that the authorised officer is a member of that police force; or
(b) if the authorised officer is an officer of Customs--the authorised officer produces, for inspection by the person, written evidence of the fact that the authorised officer is an officer of Customs; or
(c) if the authorised officer is not a member of a police force and is not an officer of Customs:
(i) if the questions are asked in the presence of the person--the authorised officer produces the authorised officer's identity card for inspection by the person; or
(ii) if the questions are asked by sending written questions to the person--the authorised officer sends with the questions a copy of his or her instrument of appointment.