Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 239AD

  (1)   This section applies in relation to an inquiry under section   239AA if the Inspector - General determined the terms of reference for the inquiry under section   239AB.

Note:   A determination under subsection   239AB(1) of the terms of reference for an inquiry under section   239AA must specify the legislative powers of the Commonwealth that support the exercise of the power in subsection   (2) of this section (see subsection   239AB(2)).

  (2)   If the Inspector - General reasonably believes that a person has information or knowledge (the compellable information ) that may assist the Inspector - General in conducting the inquiry, the Inspector - General may, by written notice, require the person to appear before the Inspector - General to answer questions in relation to the compellable information.

  (3)   A notice given under subsection   (2) must:

  (a)   specify the time and place the person must appear to answer questions; and

  (b)   specify the nature of the compellable information to which the questions will relate; and

  (c)   state that the person may be accompanied by a lawyer; and

  (d)   state whether any other persons may accompany the person; and

  (e)   set out the effect of:

  (i)   subsections   (5) and (6) of this section and section   239AH (which deals with the privilege against self - incrimination and legal professional privilege); and

  (ii)   section   137.1 of the Criminal Code (which deals with false or misleading information).

  (4)   The time specified under paragraph   (3)(a) must be at least 14 days after the notice is given.

Fault - based offence

  (5)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (2); and

  (b)   the person fails to comply with the requirement.

Penalty:   Imprisonment for 6 months or 30 penalty units, or both.

Civil penalty provision

  (6)   A person is liable to a civil penalty if:

  (a)   the person is subject to a requirement under subsection   (2); and

  (b)   the person fails to comply with the requirement.

Note:   In proceedings against a person for a contravention of a civil penalty provision, it is generally not necessary to prove the person's state of mind (see section   154C).

Civil penalty:   100 penalty units.

  (7)   Subsection   (6) does not apply if the person has a reasonable excuse.

Note:   The person bears an evidential burden in relation to the matter in this subsection   (see section   154E).

Record of interview

  (8)   If a person gives answers to questions in compliance with a notice given to the person under subsection   (2), the Inspector - General must give a written record of the answers to the person.