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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 107

Offences relating to inspections under Part 2 - 7

  (1)   A person shall not refuse or fail:

  (a)   to attend before a person;

  (b)   to furnish information; or

  (c)   to answer a question;

when required under section   87 to do so.

Penalty:   Imprisonment for 6 months.

  (2)   A person shall not:

  (a)   intentionally obstruct, hinder or resist a person in connection with the performance or exercise of the Ombudsman's functions or powers under Part   2 - 7; or

  (b)   give to an inspecting officer, in connection with an inspection under Part   2 - 7, information or a statement that the first - mentioned person knows to be false or misleading in a material particular.

Penalty:   Imprisonment for 6 months.

  (3)   Subsection   (1) and paragraph   (2)(a) do not apply if the person first mentioned in subsection   (1) or (2) has a reasonable excuse.

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

 



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