Queensland Numbered Acts Queensland Numbered ActsAfter section 59--
insert--
'In this part--
confidential information see section 62A(1).
designated person means a person who is--
(a) a public service employee employed in the department; or
(b) a health service employee; or
(c) the chief health officer appointed under the Health Act 1937; or
(d) the director of mental health appointed under the Mental Health Act 2000; or
(e) a health professional (other than a person mentioned in paragraphs (a) to (d)) engaged in delivering a public sector health service on behalf of the department, whether at a public sector health service facility or another place; or
(f) a person (other than a person mentioned in paragraph (a) or (b)) engaged temporarily to provide administrative support services for the department; or
(g) a person being educated or trained at a public sector health service facility as part of the requirements for--
(i) registration, enrolment or other authorisation (however described) to practise as a health professional; or
(ii) completion of a course of study qualifying a person for registration, enrolment or authorisation mentioned in subparagraph (i); or
(h) a person providing education or training at a public sector health service facility to a person mentioned in paragraph (g); or
(i) a volunteer carrying out duties at a public sector health service facility on behalf of the department; or
(j) another person prescribed under a regulation for this paragraph to be a designated person.
former designated person means a person who was, but is no longer, a designated person.
guardian, of a child, means a person who is recognised in law as having the duties, powers, responsibilities and authority that, by law, parents have in relation to their children.
health practitioner registration Act means any 1 of the following Acts--
health professional means--
(a) a person registered under a health practitioner registration Act or enrolled, registered or authorised to practise under the Nursing Act 1992; or
(b) a person, other than a person referred to in paragraph (a), who provides a health service, including, for example, an audiologist, dietitian or social worker.
parent see section 61.
public sector health service facility means a facility at which public sector health services are usually delivered by or for the department.
'(1) A parent of a child is the child's mother, father or someone else having or exercising parental responsibility for the child.
'(2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.
'(3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.
'(4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.
'This part does not apply to a person who is or was an official to the extent the person acquired information because of being an official.
'(1) A designated person or former designated person must not disclose to another person, whether directly or indirectly, any information (confidential information) acquired because of being a designated person if a person who is receiving or has received a public sector health service could be identified from the confidential information.
Maximum penalty--50 penalty units.
'(2) For subsection (1), another person includes another designated person or former designated person.
'(3) Subsection (1) applies even if the person who could be identified from the disclosure of confidential information is deceased.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if the disclosure is required or permitted by an Act or another law.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if--
(a) the person to whom the confidential information relates is an adult and consents to the disclosure; or
(b) the person to whom the confidential information relates is a child and--
(i) the disclosure of the confidential information is by a health professional who reasonably believes the child is of sufficient age and mental and emotional maturity to understand the nature of consenting to the disclosure; and
(ii) the child consents to the disclosure; or
(c) the person to whom the confidential information relates is a child and--
(i) the disclosure of the confidential information is by a health professional who reasonably believes the child is of insufficient age or mental or emotional maturity to understand the nature of consenting to the disclosure; and
(ii) the child's parent or guardian consents to the disclosure; or
(d) the person to whom the confidential information relates is a child and the disclosure of the confidential information is by a health professional who reasonably believes the disclosure of the information is in the child's best interests.
'(1) Section 62A(1) does not apply to the disclosure of confidential information by a designated person if the confidential information--
(a) is about the condition of the person to whom the information relates and is communicated in general terms; or
Example of communicated in general terms--
A switchboard operator or media staff member at a hospital discloses that a person's condition is "satisfactory".
(b) is communicated by a health professional, under the recognised standards of the relevant health profession, to a person who, in the health professional's reasonable opinion, has a sufficient personal interest in the health and welfare of the person to whom the information relates.
Example of persons who a health professional could possibly reasonably opine to be persons having sufficient personal interest in the health and welfare of a person to whom the confidential information relates--
the person's spouse
the person's child, parent or guardian
another person related by blood, marriage or adoption, or because of a de facto relationship or foster care relationship, to the person
a friend of the person who has a close personal relationship with the person and a personal interest in the person's welfare
an adult who is providing home care to the person who has a chronic condition or a disability
a general practitioner who has had responsibility for the care and treatment of the person
'(2) For subsection (1)(b), if the person to whom the confidential information relates is deceased another person has a sufficient personal interest in the health and welfare of the deceased person if, in the health professional's reasonable opinion, the other person would have had a sufficient interest while the deceased person was alive.
'(3) Subsection (1) does not apply to the disclosure of confidential information to a person if the person to whom the confidential information relates asks that the confidential information not be disclosed generally or to that person.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if the disclosure is required for the care or treatment of the person to whom the information relates and--
(a) the designated person is a health professional and the disclosure is in accordance with the recognised standards of the relevant health profession; or
(b) the disclosure is to a designated person who is a health professional.
'(1) Section 62A(1) does not apply to the disclosure of confidential information by a designated person if--
(a) the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and
(b) the chief executive has, in writing, authorised the disclosure.
'(2) The department's annual report for a financial year under the Financial Administration and Audit Act 1977 must include details of--
(a) the nature of any confidential information disclosed under subsection (1) during the financial year; and
(b) the purpose for which the confidential information was disclosed.
'(3) However, the details mentioned in subsection (2)(a) must not identify, directly or indirectly, the person to whom the confidential information relates.
'(4) Despite the Public Service Act 1996, section 57, the chief executive may not delegate the chief executive's power under subsection (1).
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if--
(a) the disclosure is to another designated person; and
(b) the disclosure and receipt of the confidential information is--
(i) to give effect to or manage a funding arrangement for a public sector health service; or
(ii) for analysing, monitoring or evaluating public health; and
(c) the other designated person is authorised in writing by the chief executive to receive the confidential information.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if--
(a) the disclosure is to another designated person for evaluating, managing, monitoring or planning health services; or
(b) the disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if--
(a) the chief executive believes, on reasonable grounds, the disclosure is necessary to assist in averting a serious risk to--
(i) the life, health or safety of a person, including the person to whom the confidential information relates; or
(ii) public safety; and
(b) the chief executive has, in writing, authorised the disclosure.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if--
(a) the disclosure is to an inspector and the confidential information is relevant in relation to the performance of the inspector's function under part 7A; or
(b) the disclosure is by an inspector and is necessary for performing the inspector's function under part 7A.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if the disclosure is to an official and the confidential information is relevant to the functions being performed by the official.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if the disclosure is to a board established under a health practitioner registration Act or the Queensland Nursing Council for the purposes of--
(a) making, or giving information about, a complaint about a person who is or was--
(i) registered under the health practitioner registration Act; or
(ii) registered, enrolled or authorised to practise under the Nursing Act 1992; or
(b) answering questions or otherwise giving information as part of an investigation or a disciplinary proceeding about a person who is or was--
(i) registered under the health practitioner registration Act; or
(ii) registered, enrolled or authorised to practise under the Nursing Act 1992.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if the disclosure is to a committee declared under section 31(1) to be an approved quality assurance committee, or to a person authorised by the committee to receive the confidential information, to enable the committee to perform its functions.
'(1) Section 62A(1) does not apply to the disclosure of confidential information by the chief executive if--
(a) the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure--
(i) is required or allowed under an agreement--
(ii) is considered by the chief executive to be in the public interest; or
(b) the disclosure is to an entity of the State and the disclosure--
(i) is required or allowed under an agreement--
(ii) is considered by the chief executive to be in the public interest.
'(2) The Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1)--
(a) must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and
(b) must ensure the confidential information is used only for the purpose for which it was given under the agreement.
'(3) In this section--
entity of the State includes a department and an entity established under an Act for a public purpose.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person if the disclosure is to the Australian Red Cross Society for the purpose of tracing blood or tissue, or blood products derived from blood, infected with any disease or the donor or recipient of that blood or tissue.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person to a person who requires the confidential information to perform a function under the Coroners Act 2003, other than the preparation of an annual report.
'Section 62A(1) does not apply to the disclosure of confidential information by a designated person that is necessary or incidental to a disclosure of confidential information otherwise permitted under this part.
Examples of necessary or incidental disclosures--
the disclosure of confidential information to support staff at a public sector hospital who make appointments for patients, maintain patient records and undertake other administrative tasks.
the disclosure of confidential information to the Health Insurance Commission or health insurance providers for processing the payment of accounts for treatment or diagnostic tests.
the disclosure of confidential information to advise the chief executive about authorising the disclosure of confidential information in the public interest under section 62F or to collect confidential information for the purpose of a prescribed agreement under section 62N.
accessing contact details for a person to seek the person's consent under section 62C to the disclosure of confidential information
permitting contractors to access databases to write, test or analyse programs, perform database administration tasks or maintain technical aspects of computer hardware.
'(1) Sections 62B, 62C(a), 62F, 62J, 62L or 62Q (the relevant provisions) apply to the disclosure of confidential information by a former designated person in the same way as they apply to the disclosure of confidential information by a designated person.
'(2) For subsection (1), a reference in the relevant provisions to a designated person is taken to be a reference to a former designated person.
'An inspector has the function of monitoring and enforcing compliance with part 7 or this part.
'(1) The chief executive may appoint any of the following persons as inspectors--
(a) a public service officer employed in the department;
(b) a health service employee;
(c) a person prescribed under a regulation.
'(2) However, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience to be an inspector.
'(1) An inspector holds office on any conditions stated in--
(a) the inspector's instrument of appointment; or
(b) a signed notice given to the inspector.
'(2) The instrument of appointment or a signed notice given to the inspector may limit the inspector's powers under this part.
'(3) In this section--
signed notice means a notice signed by the chief executive.
'(1) The chief executive must issue an identity card to each inspector.
'(2) The identity card must--
(a) contain a copy of a recent photo of the inspector; and
(b) contain a copy of the inspector's signature; and
(c) identify the person as an inspector under this Act; and
(d) state an expiry date for the card.
'(3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.
'(1) In exercising a power under this part in relation to a person, an inspector must--
(a) produce the inspector's identity card for the other person's inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to the other person when exercising the power.
'(2) However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the other person's inspection at the first reasonable opportunity.
'(3) For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 63H(1)(b) or (2).
'(1) An inspector ceases to hold office if any of the following happens--
(a) the term of office stated in a condition of office ends;
(b) under another condition of office, the inspector ceases to hold office;
(c) the inspector's resignation under section 63F takes effect.
'(2) Subsection (1) does not limit the ways an inspector may cease to hold office.
'(3) In this section--
condition of office means a condition on which the inspector holds office.
'An inspector may resign by notice to the chief executive.
'A person who ceases to be an inspector must return the person's identity card to the chief executive within 21 days after ceasing to be an inspector, unless the person has a reasonable excuse.
Maximum penalty--10 penalty units.
'(1) An inspector may enter a place if--
(a) its occupier consents to the entry; or
(b) it is a public place and the entry is made when it is open to the public; or
(c) the entry is authorised by a warrant.
'(2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier's consent or a warrant--
(a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or
(b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.
'(1) This section applies if an inspector intends to ask the occupier of a place to consent to the inspector or another inspector entering the place.
'(2) Before asking for the consent, the inspector must tell the occupier--
(a) the purpose of the entry; and
(b) that the occupier is not required to consent.
'(3) If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent.
'(4) The acknowledgment must state--
(a) the occupier has been told--
(i) the purpose of the entry; and
(ii) that the occupier is not required to consent; and
(b) the purpose of the entry; and
(c) the occupier gives the inspector consent to enter the place and exercise powers under this division; and
(d) the time and date the consent was given.
'(5) If the occupier signs an acknowledgment, the inspector must immediately give a copy to the occupier.
'(6) If--
(a) an issue arises in a proceeding about whether the occupier consented to the entry; and
(b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
'(1) An inspector may apply to a magistrate for a warrant for a place.
'(2) The inspector must prepare a written application that states the grounds on which the warrant is sought.
'(3) The written application must be sworn.
'(4) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
Example--
The magistrate may require additional information supporting the written application to be given by statutory declaration.
'(1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting--
(a) there is a particular thing or activity (the evidence) that may provide evidence of an offence against section 62A(1) or this part; and
(b) the evidence is at the place or, within the next 7 days, will be at the place.
'(2) The warrant must state--
(a) the place to which the warrant applies; and
(b) that a stated inspector may, with necessary and reasonable help and force--
(i) enter the place and any other place necessary for entry to the place; and
(ii) exercise the inspector's powers under this division; and
(c) particulars of the offence that the magistrate considers appropriate in the circumstances; and
(d) the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and
(e) the evidence that may be seized under the warrant; and
(f) the hours of the day or night when the place may be entered; and
(g) the magistrate's name; and
(h) the date and time of the warrant's issue; and
(i) the date, within 14 days after the warrant's issue, the warrant ends.
'(1) An application under section 63J may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of--
(a) urgent circumstances; or
(b) other special circumstances, including, for example, the inspector's remote location.
'(2) The application--
(a) may not be made before the inspector prepares the written application under section 63J(2); but
(b) may be made before the written application is sworn.
'(3) The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied--
(a) it was necessary to make the application under subsection (1); and
(b) the way the application was made under subsection (1) was appropriate.
'(4) After the magistrate issues the original warrant--
(a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or
(b) otherwise--
(a) the magistrate must tell the inspector the date and time the warrant is issued and the other terms of the warrant; and
(ii) the inspector must complete a form of warrant, including by writing on it--
'(5) The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.
'(6) The inspector must, at the first reasonable opportunity, send to the magistrate--
(a) the written application complying with section 63J(2) and (3); and
(b) if the inspector completed a form of warrant under subsection (4)(b)--the completed form of warrant.
'(7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6)--
(a) attach the documents to the original warrant; and
(b) give the original warrant and documents to the clerk of the court of the relevant magistrates court
'(8) Despite subsection (5), if--
(a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and
(b) the original warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.
'(9) This section does not limit section 63J.
'(10) In this section--
relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.
'(1) A warrant is not invalidated by a defect in the warrant, or in compliance with section 63J, 63K or 64L, unless the defect affects the substance of the warrant in a material particular.
'(2) In this section--
warrant includes a duplicate warrant mentioned in section 63L(5).
'(1) This section applies if an inspector named in a warrant issued under this division for a place is intending to enter the place under the warrant.
'(2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things--
(a) identify himself or herself to a person present at the place who is an occupier of the place in the way stated in section 63D;
(b) give the person a copy of the warrant;
(c) tell the person the inspector is permitted by the warrant to enter the place;
(d) give the person an opportunity to allow the inspector immediate entry to the place without using force.
'(3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
'(4) In this section--
warrant includes a duplicate warrant mentioned in section 63L(5).
'(1) This section applies to an inspector who enters a place.
'(2) However, if an inspector enters a place to get the occupier's consent to enter a place, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.
'(3) For monitoring and enforcing compliance with part 7 or this part, the inspector may--
(a) search any part of the place; or
(b) inspect, measure, test, photograph or film any part of the place or anything at the place; or
(c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or
(d) take an extract from, or copy, a document at the place; or
(e) take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this division; or
(f) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector's powers under paragraphs (a) to (e); or
(g) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector find out whether part 7 or this part is being complied with.
'(4) When making a requirement mentioned in subsection (3)(f) or (g), the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
'(1) A person required to give reasonable help under section 63O(3)(f) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty--50 penalty units.
'(2) If a requirement under section 63O(3)(f) relates to a document, it is a reasonable excuse for the person not to comply with the requirement that complying with the requirement might tend to incriminate the person.
'(1) A person of whom a requirement is made under section 63O(3)(g) must comply with the requirement, unless the person has a reasonable excuse.1
Maximum penalty--50 penalty units.
'(2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.
'An inspector who enters a place under this division without the consent of the occupier and without a warrant, may seize a thing at the place only if the inspector reasonably believes the thing is evidence of an offence against section 62A(1) or this part.
'(1) This section applies if--
(a) an inspector is authorised to enter a place under this division only with the consent of the occupier or a warrant; and
(b) the inspector enters the place after obtaining the necessary consent or warrant.
'(2) If the inspector enters the place with the occupier's consent, the inspector may seize a thing at the place only if--
(a) the inspector reasonably believes the thing is evidence of an offence against section 62A(1) or this part; and
(b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier's consent.
'(3) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.
'(4) The inspector also may seize anything else at the place if the inspector reasonably believes--
(a) the thing is evidence of an offence against section 62A(1) or this part; and
(b) the seizure is necessary to prevent the thing being--
(i) hidden, lost or destroyed; or
(ii) used to continue, or repeat, the offence.
'(5) Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against section 62A(1) or this part.
'Having seized a thing, an inspector may--
(a) move the thing from the place where it was seized (the place of seizure); or
(b) leave the thing at the place of seizure, but take reasonable action to restrict access to it.
Examples of restricting access to a thing--
1 Sealing a thing and marking it to show access to it is restricted.
2 Sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted.
'(1) If an inspector restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, without an inspector's approval.
Maximum penalty--50 penalty units.
'(2) In this section--
tamper includes attempt to tamper.
'(1) To enable a thing to be seized, an inspector may require the person in control of it--
(a) to take it to a stated reasonable place by a stated reasonable time; and
(b) if necessary, to remain in control of it at the stated place for a reasonable time.
'(2) The requirement--
(a) must be made by signed notice; or
(b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by signed notice as soon as practicable.
'(3) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.
'(4) A person of whom the requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty--50 penalty units.
'(5) Subject to section 63ZF, 2 the cost of complying with subsection (4) must be borne by the person.
'(1) If an inspector has required a person to take a thing to a stated place by a stated reasonable time under section 63V the inspector may require the person to return the thing to the place from which it was taken.
'(2) A person of whom the requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty--50 penalty units.
'(3) Subject to section 63ZF, the cost of complying with subsection (2) must be borne by the person.
'(1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.
'(2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.
'(3) The receipt must describe generally each thing seized and its condition.
'(4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing's nature, condition and value.
'(1) A seized thing is forfeited to the State if the inspector who seized the thing--
(a) can not find its owner, after making reasonable inquiries; or
(b) can not return it to its owner, after making reasonable efforts.
'(2) In applying subsection (1)--
(a) subsection (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and
(b) subsection (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.
'(3) Regard must be had to a thing's nature, condition and value in deciding--
(a) whether it is reasonable to make inquiries or efforts; and
(b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.
'(1) If a thing has been seized but not forfeited, the inspector must return it to its owner--
(a) at the end of 6 months; or
(b) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.
'(2) However, unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.
'(1) Until a thing that has been seized is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.
'(2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.
'(1) This section applies if--
(a) an inspector finds a person committing an offence against section 62A(1) or this part; or
(b) an inspector finds a person in circumstances that lead, or has information that leads, the inspector reasonably to suspect the person has just committed an offence against section 62A(1) or this part.
'(2) The inspector may require the person to state the person's name and residential address.
'(3) When making the requirement, the inspector must warn the person it is an offence to fail to state the person's name or residential address, unless the person has a reasonable excuse.
'(4) The inspector may require the person to give the inspector evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address to be false.
'(5) A requirement under subsection (2) or (4) is a personal details requirement.
'(1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty--50 penalty units.
'(2) A person does not commit an offence against subsection (1) if--
(a) the person was required to state the person's name and residential address by an inspector who suspected the person had committed an offence against section 62A(1) or this part; and
(b) the person is not proved to have committed the offence.
'(1) This section applies if an inspector reasonably believes--
(a) an offence against section 62A(1) or this part has been committed; and
(b) a person may be able to give information about the offence.
'(2) The inspector may, by notice given to the person, require the person to give information about the offence to the inspector at a stated reasonable time and place.
'(3) The person must comply with a requirement under subsection (2), unless the person has a reasonable excuse.
Maximum penalty--50 penalty units.
'(4) It is a reasonable excuse for an individual to fail to give information if giving the information might tend to incriminate the individual.
'(1) This section applies if--
(a) an inspector damages property when exercising or purporting to exercise a power; or
(b) a person (the other person) acting under the direction or authority of an inspector damages property.
'(2) The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property.
'(3) If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector's or other person's control, the inspector may state the belief in the notice.
'(4) If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
'(5) This section does not apply to damage the inspector reasonably believes is trivial.
'(6) In this section--
owner, of property, includes the person in possession or control of it.
'(1) If a person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 23 by or for an inspector, the person may claim compensation from the State--
(a) subdivision 1 (Entry of places);
(b) subdivision 3 (Powers after entry);
(c) subdivision 4 (Power to seize evidence).
'(2) Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.
'(3) Compensation may be claimed and ordered to be paid in a proceeding--
(a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
(b) for an offence against section 62A(1) or this part brought against the person claiming compensation.
'(4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
'A person must not state anything to an inspector the person knows is false or misleading in a material particular.
Maximum penalty--50 penalty units.
'(1) A person must not give an inspector a document containing information the person knows is false or misleading in a material particular.
Maximum penalty--50 penalty units.
'(2) Subsection (1) does not apply to a person if the person, when giving the document--
(a) tells the inspector, to the best of the person's ability, how it is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct information--gives the correct information.
'(1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse.
Maximum penalty--100 penalty units.
'(2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that--
(a) it is an offence to obstruct the inspector unless the person has a reasonable excuse; and
(b) the inspector considers the person's conduct an obstruction.
'(3) In this section--
obstruct includes hinder and attempt to obstruct or hinder.
'A person must not pretend to be an inspector.
Maximum penalty--50 penalty units.'.