Power to require preliminary information and items from public bodies and public officers
24A Power to require preliminary information and items from public bodies and public officers
(1) For the performance of the ICAC's functions under this Act, an authorised officer may, at any time, require a public body or public officer to:
answer specified questions or provide specified information; or
(b) produce specified items, or items of a specified kind, in the body's or officer's possession or control.
(2) When making a requirement under subsection (1), the authorised officer must inform the public body or public officer about the following but is not required to give any other information about the nature or purpose of the requirement:
that the requirement is made for the purposes of the ICAC;
if the body or officer is under investigation – that fact.
(3) A requirement under subsection (1), and accompanying information under subsection (2), may be made:
if an oral response to a question is required – orally; or
otherwise – by written notice.
(4) A written notice to provide information or produce an item may require the person to verify the information or item by statutory declaration.
If an item is produced under this section:
(a) the ICAC may retain possession of the item for a reasonable period and may make copies of, or take extracts from, the item; and
(b) while the item remains in the ICAC's possession, the ICAC must allow the public body or public officer reasonable access to the item.
Note for section 24A
Section 147A creates an offence for failing to comply with a requirement under this section. See also Part 5, Division 1.
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