Commonwealth Consolidated Acts

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CIVIL AVIATION ACT 1988 - SECT 32AJ

Power to require persons to answer questions and produce documents

  (1)   An investigator who is on or in premises that he or she has entered under a warrant under this Part may require anyone on or in the premises to:

  (a)   answer any questions put by the investigator; and

  (b)   produce any books, records or documents requested by the investigator.

  (2)   A person must not fail to comply with a requirement under subsection   (1).

Penalty:   30 penalty units.

  (2A)   Subsection   (2) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2A) (see subsection   13.3(3) of the Criminal Code ).

  (3)   It is not a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document on the ground that to do so would tend to incriminate the person, but the answer to any question, or any book, record or document produced, or any information or thing obtained as a direct or indirect consequence of answering the question or producing the book, record or document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection   (2).



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