(1) An inspector who enters a place under this Division may—
(a) require a person to produce a document or part of a document located at the place that is in the person's possession or control; and
(b) examine that document or part; and
(c) require a person at the place to answer any questions put by the inspector.
(2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).
Penalty: In the case of a corporation, 300 penalty units;
In any other case 60 penalty units.
(3) Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector—
(a) must produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and
(b) must inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.
(4) A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3).
Notes
1 The powers conferred by this section are limited if all or part of the place is used only for residential purposes (see section 95I).
Note 2 to s. 95A(4) amended by No. 69/2009 s. 54(Sch. Pt 1 item 37.1).
2 This section does not affect legal professional privilege or client legal privilege (see section 95T) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see section 95S).
S. 95B inserted by No. 63/2006 s. 49.