Victorian Numbered Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 (NO. 46 OF 2008) - SECT 176

    (1)     An authorised officer who enters any premises under section 169 may direct a person at the premises to—

        (a)     produce a document or part of a document located at the premises that is in the person's possession or control;

        (b)     operate equipment to access information from that equipment;

        (c)     answer any questions put by the authorised officer.

    (2)     A person must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse.

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

    (3)         Before directing a person to produce a document or part of a document or to answer questions under subsection (1), an authorised officer must—

        (a)     warn the person that a refusal or failure to comply with the direction, without reasonable excuse, is an offence; and

        (b)     inform the person that they may refuse or fail to answer any question if answering the question would tend to incriminate them.

    (4)     A person is not liable to be prosecuted for an offence against subsection (2) if the authorised officer concerned failed to comply with section 166 and subsection (3).

Notes

1     Before directing a person to do a thing under subsection (1), an authorised officer must also produce their identity card for inspection if asked to do so by any person: See section 166.

2     This section does not affect the privilege against self-incrimination. See section 212.