MCU14/0028 Appendix 2 EnvProtAct 1994

                                               Environmental Protection Act 1994
                                          Chapter 9 Investigation and enforcement
                                                                   Part 5 Offences

                                                                           [s 473]

        (2)   A person who is required by an authorised person under
              section 459(3)(b) to give reasonable help to the authorised
              person to enable the entering or boarding of a vehicle must
              comply with the requirement, unless the person has a
              reasonable excuse for not complying with it.
              Maximum penalty—50 penalty units.
        (3)   A person who is required by an authorised person under
              section 460(1)(i) to take required action in relation to a
              vehicle must comply with the requirement, unless the person
              has a reasonable excuse for not complying with it.
              Maximum penalty—50 penalty units.

473      Failure to help authorised person—emergency
        (1)   This section applies if—
              (a)    in an emergency, an authorised person is exercising or
                     attempting to exercise emergency powers; and
              (b)    for dealing with the emergency, the authorised person
                     requires a person under section 460(1)(h) to give
                     reasonable help to the authorised person in relation to
                     the exercise of a power.
        (2)   The person must comply with the requirement, unless the
              person has a reasonable excuse for not complying with it.
              Maximum penalty—100 penalty units.
        (3)   If the help required is the answering of a question or
              producing of a document by an individual (other than a
              document required to be held or kept by the individual under
              this Act or a development condition of a development
              approval), it is not a reasonable excuse for the individual to
              fail to answer the question, or produce the document, on the
              ground that complying with the requirement might tend to
              incriminate the individual.
        (4)   When making a requirement mentioned in subsection (3), the
              authorised person must inform the individual of the
              following—
Current as at 20 February 2014                                          Page 407