Minister may require information relating to licensees and contractors
60 Minister may require information relating to licensees and contractors
The Minister may, by notice in writing, require a licensee or contractor, or a person who, in the opinion of the Minister, has a direct or indirect association with a licensee or contractor—
to provide the Minister or an inspector, in accordance with directions in the notice, with the information relevant to the licensee or contractor or that association (or relevant to any matter prescribed by the regulations) that is specified in the notice, or
to produce to the Minister or an inspector, in accordance with directions in the notice, the documents relevant to the licensee or contractor or that association (or relevant to any matter prescribed by the regulations) that are specified in the notice and to permit examination of the documents and the taking of extracts from, and the making of copies of, them, or
to attend before the Minister or an inspector for examination in relation to any matters relevant to the licensee or contractor or that association (or relevant to any matter prescribed by the regulations) and to answer any question relating to those matters.
A licensee, contractor or person who fails to comply with a requirement of a notice under this section is guilty of an offence.
Maximum penalty—100 penalty units.
A natural person is not excused from complying with a notice under this section on the ground that compliance might tend to incriminate the person. However, if the person claims, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than proceedings under this Act.
If documents are produced under this section, the Minister or inspector to whom they are produced may retain possession of them for a reasonable period so that they may be examined and extracts taken from, or copies made of, them.
The Minister or inspector must permit inspection of the documents, at any reasonable time during which they are retained under this section, by a person who would be entitled to inspect them if they were not in the possession of the Minister or inspector.
A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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