MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 4A Great Barrier Reef protection measures
Part 2 Requirements for carrying out agricultural ERAs

[s 86]

                ERA (the operator) to produce to the authorised person for
                inspection within 10 business days—
                (a)   the operator’s current agricultural ERA records; or
                (b)   the relevant primary documents for the records.
          (2)   A production requirement may be for—
                (a)   all of the operator’s current agricultural ERA records; or
                (b)   the operator’s current agricultural ERA records for a
                      stated period; or
                (c)   a stated current agricultural ERA record of the operator.
          (3)   If the record or document produced is a hard copy, the
                authorised person—
                (a)   may keep the record or document to take an extract
                      from, or make a copy of, it; but
                (b)   must return it to the operator as soon as practicable after
                      taking the extract or making the copy.
          (4)   This section does not limit section 466.
          (5)   In this section—
                current agricultural ERA records, for the operator, means
                any of the operator’s agricultural ERA records that are still
                subject to the requirement under section 83(1)(b).

86        Offence not to comply with production requirement
                A person of whom a production requirement has been made
                must comply with the requirement unless the person has a
                reasonable excuse.
                Maximum penalty—100 penalty units.

87        Derivative use immunity for production
          (1)   It is not a defence to a proceeding for an offence against
                section 86 that the relevant document contains information
                that might tend to incriminate the defendant.
Page 88                                                  Current as at 20 February 2014