MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 474]

                (a)   the individual is obliged to answer the question or
                      produce the document despite the rule of law relating to
                      privilege against self-incrimination;
                (b)   the individual may answer the question or produce the
                      document subject to the objection that complying with
                      the requirement might tend to incriminate the
                      individual;
                (c)   if the individual makes an objection—the answer or the
                      producing of the document may not be admitted in
                      evidence against the individual in a prosecution for an
                      offence against this Act, other than an offence
                      (constituted by the giving of the answer or producing of
                      the document) against any of the following sections—
                      •    section 480
                      •    section 480A
                      •    section 481.
          (5)   If, before giving the answer or producing the document, the
                individual makes an objection, the answer or producing of the
                document is not admissible in evidence against the individual
                in a prosecution for an offence against this Act, other than an
                offence (constituted by the giving of the answer or producing
                of the document) against any of the following sections—
                •     section 480
                •     section 480A
                •     section 481.

474        Failure to help authorised person—other cases
          (1)   This section applies if—
                (a)   an 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; but
                (b)   section 473 does not apply.
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