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Contents (1997 - 156)
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Protection of the Environment Operations Act 1997 No 156
Current version for 5 July 2019 to date (accessed 15 December 2019 at 01:16)
Chapter 9 Part 9.6 Section 312
312   Procedures at inquiries
(1) General procedure The procedure to be followed at an inquiry under this Part is to be determined by the body or person conducting it, subject to this Act and the regulations.
(2) Notice to provide information or produce documents The body or person conducting the inquiry may, by notice in writing given to any person, require the person within such reasonable time as may be specified in the notice:
(a)  to furnish to that body or person such information, and
(b)  to produce to that body or person such documents in the person’s possession or under the person’s control,
as may be required for the purposes of the inquiry and as may be specified in the notice, whether generally or otherwise.
(3) Notice to give evidence and produce documents The body or person conducting the inquiry may, by notice in writing given to any person, require the person:
(a)  to attend at a specified time and place before that body or person and thereafter from time to time as required by that body or person, and
(b)  to give evidence concerning any matter the subject of the inquiry, and
(c)  to produce all such documents in the person’s possession or under the person’s control as may be required for the purposes of the inquiry and as may be specified in the notice, whether generally or otherwise.
(4) Mode of evidence The body or person conducting the inquiry may require any such evidence to be given in writing or orally.
(5) Evidence may be given on oath The body or person conducting the inquiry may, subject to section 13 of the Oaths Act 1900, require any such evidence to be given on oath, and for that purpose the person presiding may administer an oath.
(6) Written statement The body or person conducting the inquiry may permit a person to give evidence by sending to the body or person a written statement, verified in such manner as the body or person allows.
(7) Offence of not complying with notice A person who neglects or refuses to comply with the requirements of a notice given to the person under this section is guilty of an offence.
Maximum penalty: 100 penalty units.
(8) Offence of false information or evidence A person who:
(a)  furnishes any information pursuant to subsection (2) knowing that it is false or misleading in a material particular, or
(b)  gives any evidence pursuant to subsection (3) knowing that it is false or misleading in a material particular,
is guilty of an offence.
Maximum penalty: 100 penalty units.
(9) Expenses The regulations may prescribe expenses to be allowed to persons attending or giving evidence under this section.
(10) Nature of evidence The body or person conducting the inquiry is not bound by the rules of evidence, and may be informed in such manner as the body or person thinks fit.
(11) Public interest immunity Nothing in this Part affects any law relating to public interest immunity.
(12) Self-incrimination Nothing in this Part affects any law relating to immunity of an individual from self-incrimination.