Power to require information, instruments or records or attendance for examination
22 Power to require information, instruments or records or attendance for examination
The commission may, for a purpose related to the administration or enforcement of a gaming law, by written notice served on a person, require the person—
to provide to the commission (either orally or in writing) information that is described in the notice; or
to attend and give evidence before the commission or an authorised officer; or
to produce to the commission a record or other document described in the notice that is in the person’s custody or control.
For how documents may be served, see the Legislation Act, pt 19.5.
If a notice to a person under subsection (1) is made to determine that person’s tax liability, the notice must state that the requirement is made for that purpose, but the commission is not otherwise required to identify a person in relation to whom any information, evidence, record or other document is required under this section.
The commission—
may specify whether information or evidence to be provided or given under this section must be given orally or in writing; and
may require any information or evidence given orally to be given on oath or affirmation.
It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
A person must not, without reasonable excuse, fail—
to comply with the requirements of a notice under this section within the period specified in the notice or any further period allowed by the commission; or
to comply with any other requirement of the commission about the giving of evidence or how information or evidence is to be provided or given under this section.
Maximum penalty: 50 penalty units.
A person required to attend before an authorised officer to give oral evidence must be paid expenses in accordance with the scale of allowances determined under the Taxation Administration Act 1999, section 139 for that Act, section 82 (5).
Subsection (5) does not apply to a person, or a representative of a person, giving evidence in relation to the person’s own obligations under a gaming law.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.