South Australian Current Acts

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49—Specific power to require information

        (1)         The Minister, the Chief Public Health Officer, a council or an authorised officer may require a person to furnish such information relating to public health as may be reasonably required for the purposes of this Act.

        (2)         A person who fails to comply with a requirement under subsection (1) is guilty of an offence.

Maximum penalty: $25 000.

Expiation fee: $750.

        (3)         A person who furnishes information under this section cannot, by virtue of doing so, be held to have breached any law or any principle of professional ethics.

        (4)         It is not an excuse for a person to refuse or fail to furnish information under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

        (5)         However, if compliance with a requirement to furnish information might tend to incriminate a person or make a person liable to a penalty, then—

            (a)         in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of, the document or the information (as distinct from the contents of the documents or the information); or

            (b)         in any other case—any answer given in compliance with the requirement,

is not admissible in evidence against the person for an offence or for the imposition of a penalty (other than proceedings in respect of the provision of information that is false or misleading).

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