Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An inspector who has entered land, premises, a vessel, an aircraft or a vehicle under Division 4 or 5 may, to the extent that is reasonably necessary for the purpose of ascertaining whether Part 21 has been complied with, require the person to:
(a) answer any questions put by the inspector; and
(b) produce any documents requested by the inspector.
(1A) An inspector who has entered land, premises, a vessel, an aircraft or a vehicle under Division 4 or 5A may, to the extent that is reasonably necessary for the purpose of ascertaining whether the Spam Act 2003 has been complied with, require the person to:
(a) answer any questions put by the inspector; and
(b) produce any documents requested by the inspector.
(2) An inspector is not entitled to make a requirement of a person under subsection (1) or (1A) unless:
(a) the inspector produces his or her identity card for inspection by the person; or
(b) the inspector is a member of a police force and is wearing the uniform of that police force.
(3) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1) or (1A); and
(b) the person engages in conduct; and
(c) the person's conduct contravenes the requirement.
(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 ).
(4) An individual is excused from giving information or producing a document under this section if the information or the production of the document might tend to incriminate the individual or expose the individual to a penalty.
(5) In this section:
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.