Petroleum Excise (Prices) Act 1987

PART III - MISCELLANEOUS

SECTION 10 OBTAINING OF INFORMATION AND EVIDENCE

10(1)
The Minister, or a person authorised in writing by the Minister to exercise powers under this section, may, for the purposes of this Act, by notice in writing, require any person:

(a) to furnish the Minister or authorised person with such information as the Minister or authorised person requires;

(b) to attend before the Minister or authorised person, or before a person authorised by the Minister or authorised person for the purpose, at a time and place specified in the notice, and then and there answer questions; and

(c) to produce to the Minister or authorised person any documents in the custody or under the control of the person.

10(2)
The Minister or authorised person may require the information or answers to questions to be verified or given, as the case may be, on oath or affirmation, and either orally or in writing, and for that purpose the Minister or authorised person, or a person authorised by the Minister or authorised person for the purpose, may administer an oath or affirmation.

10(3)
The oath to be taken or affirmation to be made by a person for the purposes of this section is an oath or affirmation that the information or answers that the person will give will be true.

10(4)

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A person is not excused from furnishing information or producing a document, when required to do so under this section, on the grounds that furnishing the information or producing the document might tend to incriminate the person or make the person liable to a penalty.

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10(5)
A person is not excused from answering a question, when required to do so under this section, on the grounds that the answer to the question might tend to incriminate the person or make the person liable to a penalty.

10(6)

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A statement or disclosure made in information furnished, an answer given, or a document produced by a person, in accordance with a requirement made of the person under this section, and any information, document or thing obtained as a direct or indirect consequence of that statement or disclosure, is not admissible against a person in any criminal proceedings except a proceeding for an offence against section 137.1 of the Criminal Code that relates to this section.

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History

S 10(6) amended by No 137 of 2000, s 3 and Sch 2 item 315, by substituting " section 137.1 of the Criminal Code that relates to this section " for " subsection (8) " , effective 24 May 2001. No 137 of 2000, s 3 and Sch 1 items 418 and 419 contain the following transitional provisions:

418 Transitional - pre-commencement offences
(1)
Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.

(2)
Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901 .
419 Transitional - pre-commencement notices
419
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.

10(7)

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A person shall not fail to comply with a requirement made of the person under this section.

Penalty:

(a) in the case of a natural person - imprisonment for 6 months or 10 penalty units, or both; or

(b) in the case of a body corporate - 50 penalty units.

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10(8)

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An offence against subsection (7) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

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