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
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—
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
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).