Northern Territory Numbered Acts

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LOCAL GOVERNMENT ACT 2019 (NO 39 OF 2019) - SECT 303

Power of formal questioning

    (1)     For the purposes of a compliance review or investigation, an inspector may, by written notice, require a person:

    (a)     within the time allowed in the notice, to provide written answers to specific questions or other specified written information; or

    (b)     to attend before the inspector at a specified time and place for examination on a subject stated in the notice; or

    (c)     within the time allowed in the notice, to produce specified records or documents; or

    (d)     within the time allowed in the notice, to produce records or documents of a specified kind.

    (2)     A person required under subsection (1)(a) to provide written answers to questions or other written information must verify the answers or information by statutory declaration.

    (3)     A person who attends for examination before an inspector must:

    (a)     if the inspector so requires – take an oath to answer truthfully all questions put to the person by the inspector; and

    (b)     answer questions put to the person at the examination.

    (4)     A person commits an offence if the person fails to comply with a requirement under this section.

Maximum penalty:     100 penalty units.

    (5)     An offence against subsection (4) is an offence of strict liability.

    (6)     It is a defence to a prosecution for an offence against subsection (4) if the defendant took reasonable steps to comply with the requirement under this section.



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