Commonwealth Consolidated Acts

WINE AUSTRALIA ACT 2013 - SECT 39ZH

  (1)   An inspector who is on wine premises that the inspector has entered under a warrant issued under section   39ZD or 39ZF may require any person on the premises to:

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

  (b)   produce any examinable documents requested by the inspector.

Note:   An inspector may also exercise powers under this section for the purposes of Parts VIB and VII (see sections   40ZF and 44).

  (2)   A person commits an offence if:

  (a)   the person is required to answer a question or produce an examinable document under subsection   ( 1); and

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

Penalty:   30 penalty units.

  (3)   Subsection   ( 2) does not apply if the answer to the question, or the producing of the document, would tend to incriminate the person.

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