Victorian Numbered Acts

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SOCIAL SERVICES REGULATION ACT 2021 (NO. 37 OF 2021) - SECT 122

Power to direct persons to produce documents, operate equipment or answer questions

    (1)     An authorised officer who enters any premises under section 112(1) may direct a person at the premises to do any of the following—

        (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) without reasonable excuse.

Penalty:     30 penalty units, in the case of an individual;

120 penalty units, in the case of a body corporate.

    (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 subsection (3) and section 106.



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