Queensland Consolidated Acts

LIQUID FUEL SUPPLY ACT 1984 - SECT 40

40 Authorised person may require information and documents

(1) An authorised person who suspects on reasonable grounds that any person is in a position to furnish information or produce a document concerning a matter relevant to—

(a) the exercise of a power conferred on the Minister by this Act; or

(b) the commission of an offence against this Act;

may, by notice in writing served on that person, require that person—

(c) to furnish to the authorised person, in writing signed by that person or in the case of a body corporate by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information; or

(d) to produce to the authorised person, or to another authorised person specified in the notice, in accordance with the notice, such document.

(2) A person shall not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with it.

Penalty—

Maximum penalty—$1000.

(3) A person shall not, purporting to comply with a notice under subsection (1) , knowingly furnish information that is false or misleading in a material particular.

Penalty—

Maximum penalty—$2000 or 3 months imprisonment.

(4) A person is not excused from furnishing information or producing a document as required by a notice under subsection (1) on the ground that the information or the production of the document might tend to incriminate the person but the information furnished or the document produced is not admissible in evidence against the person in proceedings upon a charge of an offence other than an offence consisting of a contravention of this section or section 47 .

(5) An authorised person may examine a document produced pursuant to a notice under subsection (1) and take extracts from or make copies of the document.

(6) An authorised person, may, for the purposes of this Act, take and retain for as long as is necessary for the purposes referred to in subsection (5) possession of a document produced pursuant to a notice under subsection (1) but any person otherwise entitled to possession of the document is entitled to be supplied, as soon as is practicable, with a copy certified by the authorised person to be a true copy and such certified copy shall be received in all courts as evidence as if it were the original.

(7) Until such certified copy is supplied, the authorised person having possession of the document shall, at such times and places as the authorised person thinks fit, permit a person otherwise entitled to possession of the document or a person authorised by that person to inspect and take extracts from and make copies of the document.