Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 92.8

Person on premises to assist authorised officers

             (1)  An * authorised officer may require any person at premises entered under a warrant to provide reasonable assistance to the officer at any time while the officer is entitled to remain on the premises.

             (2)  The authorised officer may require the assistance for the purpose of the exercise of the officer's powers under section 92-2 (monitoring warrant) or section 92-3 (offence-related warrant) in relation to the premises.

             (3)  A person commits an offence if the person fails to comply with a requirement under subsection (1).

Penalty:  30 penalty units.

Note 1:       Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:       Approved providers also have a responsibility under paragraph 63-1(1)(b) to co-operate with a person exercising powers under this Part and to comply with this Part in relation to the person's exercise of those powers. An approved provider who does not comply with a requirement under subsection (1) may not be complying with that responsibility. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

             (4)  A person is excused from complying with a requirement made of the person under subsection (1) to assist an * authorised officer if to do so might tend to incriminate the person or expose the person to a penalty.

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