Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 473

473 Failure to help authorised person—emergency

(1) This section applies if—

(a) in an emergency, an authorised person is exercising or attempting to exercise emergency powers; and

(b) for dealing with the emergency, the authorised person requires a person under section 460 (1) (h) to give reasonable help to the authorised person in relation to the exercise of a power.

(2) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it.

Penalty—

Maximum penalty—100 penalty units.

(3) If the help required is the answering of a question or producing of a document by an individual (other than a document required to be held or kept by the individual under this Act or a development condition of a development approval), it is not a reasonable excuse for the individual to fail to answer the question, or produce the document, on the ground that complying with the requirement might tend to incriminate the individual.

(4) When making a requirement mentioned in subsection (3) , the authorised person must inform the individual of the following—

(a) the individual is obliged to answer the question or produce the document despite the rule of law relating to privilege against self-incrimination;

(b) the individual may answer the question or produce the document subject to the objection that complying with the requirement might tend to incriminate the individual;

(c) if the individual makes an objection—the answer or the producing of the document may not be admitted in evidence against the individual in a prosecution for an offence against this Act, other than an offence (constituted by the giving of the answer or producing of the document) against any of the following sections—

†¢ section 480

†¢ section 480A

†¢ section 481 .

(5) If, before giving the answer or producing the document, the individual makes an objection, the answer or producing of the document is not admissible in evidence against the individual in a prosecution for an offence against this Act, other than an offence (constituted by the giving of the answer or producing of the document) against any of the following sections—

†¢ section 480

†¢ section 480A

†¢ section 481 .