Commissioner's investigatory powers
15 Commissioner's investigatory powers
(1) For carrying out functions under this Act, the Commissioner may do one or more of the following:
(a) at a reasonable time enter and inspect premises occupied by an Agency (other than any part of a premises used as a residence);
(b) obtain relevant information from persons as, and in the way, the Commissioner considers appropriate;
consult with persons as the Commissioner considers appropriate;
make inquiries as the Commissioner considers appropriate.
(2) Without limiting subsection (1)(b), the Commissioner may require a person to do one or more of the following:
appear before the Commissioner;
give information to the Commissioner, on oath or otherwise;
produce information or documents to the Commissioner;
verify information or a document by statutory declaration.
(3) A person appearing before the Commissioner may be represented by a legal practitioner or agent only with the leave of the Commissioner.
A person must comply with a requirement under subsection (2).
Maximum penalty: 43 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(6) It is a defence to a prosecution for an offence against subsection (4) if the person establishes a reasonable excuse.
(7) Without limiting subsection (6), it is a reasonable excuse if complying with the requirement might tend to incriminate the person.
This Act’s bill:Second reading speech
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