Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 465

465 Power to require answers to questions

(1) This section applies if an authorised person suspects, on reasonable grounds, that—

(a) an offence against this Act has happened; and

(b) a person may be able to give information about the offence.

(2) The authorised person may—

(a) require the person to answer a question about the suspected offence; or

(b) by written notice given to the person, require the person to attend a stated reasonable place at a stated reasonable time, to answer questions about the suspected offence.

(3) Also, the authorised person may, by written notice given to a corporation, require the corporation to nominate, within a stated reasonable period, an executive officer or employee of the corporation who is authorised by the corporation to answer a question under this section as the corporation’s representative.

(4) On a person being nominated by the corporation under subsection (3) , the authorised person may by written notice given to the nominated person, require the person to attend a stated reasonable place at a stated reasonable time, to answer questions about the suspected offence.

(5) An answer given by a person nominated by the corporation under subsection (3) binds the corporation.

(6) When making a requirement under subsection (2) , (3) or (4) , the authorised person must warn the person of whom the requirement is made that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(7) A notice given under subsection (2) (b) or (4) must—

(a) identify the suspected offence; and

(b) state that the authorised person believes the person may be able to give information about the suspected offence; and

(c) include the warning required to be given under subsection (6) .