Queensland Numbered Acts

PLANNING ACT 2016 - SECT 216

216 Requiring documents to be certified

(1) This section applies to a document produced under section 215 to an inspector.

(2) The inspector may keep the document to copy the document.

(3) If the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.

(4) The inspector must return the document to the person as soon as practicable after copying the document.

(5) However, if the inspector makes a requirement of the person under subsection (3), the inspector may keep the document until the person complies with the requirement.

(6) The person must comply with the requirement, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—40 penalty units.

(7) It is not a reasonable excuse for the person to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.

Note—

However, see section 223 (which is about evidential immunity).

(8) The inspector must inform the person, in a way that is reasonable in the circumstances—

(a) that the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty; and

(b) that, under section 223, there is a limited immunity against the future use of the information or document given in compliance with the requirement.

(9) If the person fails to comply with subsection (6), but the inspector fails to comply with subsection (8), the person can not be convicted of the offence against subsection (6).