Power to ask for information, documents and other things
22 Power to ask for information, documents and other things
This section applies if the inspector believes, on reasonable grounds, that a person can provide information or produce a document or something else relevant to an examination or review under section 18.
The inspector may, by written notice given to the person, require the person to provide the information or produce the document or other thing.
The notice must state how, and the time within which, the person must comply with the requirement.
A person commits an offence if—
the person is required by a notice under this section to provide information to the inspector; and
the person fails to provide the information to the inspector as required.
Maximum penalty: 50 penalty units.
The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
Giving false information is an offence against the Criminal Code, s 338.
Subsection (4) does not apply—
to a detainee; or
if the person has a reasonable excuse for failing to provide the information to the inspector as required.
A person commits an offence if—
the person is required by a notice under this section to produce to the inspector a document or other thing; and
the person fails to produce the document or other thing to the inspector as required.
Maximum penalty: 50 penalty units.
Subsection (6) does not apply—
to a detainee; or
if the person has a reasonable excuse for failing to produce the document or other thing to the inspector as required.
The defendant has an evidential burden in relation to the matters mentioned in ss (5) and (7) (see Criminal Code, s 58).
This Act’s bill:Explanatory statementSecond reading speech
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