MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                            [s 475]

        (2)   The person must comply with the requirement, unless the
              person has a reasonable excuse for not complying with it.
              Maximum penalty—50 penalty units.
        (3)   If the help required is the answering of a question or
              producing of a document (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 a
              reasonable excuse for the individual to fail to answer the
              question, or produce the document, if complying with the
              requirement might tend to incriminate the individual.

475      Failure to give name and address etc.
        (1)   A person who is required by an authorised person under
              section 464(1) to state the person’s name or address must
              comply with the requirement, unless the person has a
              reasonable excuse for not complying with it.
              Maximum penalty—50 penalty units.
        (2)   A person who is required by an authorised person under
              section 464(3) to give evidence of the correctness of a name
              or address must give the evidence, unless the person has a
              reasonable excuse for not complying with it.
              Maximum penalty—50 penalty units.
        (3)   The person does not commit an offence against this section
              if—
              (a)    the authorised person required the person to state the
                     person’s name and address on suspicion of the person
                     having committed an offence against this Act; and
              (b)    the person is not proved to have committed the offence.

476      Failure to attend or answer questions
        (1)   This section applies if—



Current as at 20 February 2014                                           Page 409