Power to obtain documents
5 Power to obtain documents
An examiner may, by notice in writing served on a person, require the person—
to attend, at a time and place specified in the notice, before a person specified in the notice, being the examiner or a member of the staff of the Commission; and
to produce at that time and place to the person so specified a document or other thing specified in the notice, being a document or other thing that is relevant to an investigation into corruption in public administration.
Before issuing a notice under subclause (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so.
The examiner must also record in writing the reasons for the issue of the notice.
A notice may be issued under this clause in relation to an investigation into corruption in public administration, whether or not an examination before an examiner is being held for the purposes of the investigation.
A person must not refuse or fail to comply with a notice served on the person under this clause.
Maximum penalty: $20 000 or imprisonment for 4 years.
The provisions of clause 8(3) to (6) apply in relation to a person who is required to produce a document or thing by a notice served on him or her under this clause in the same manner as they apply in relation to a person who is required to produce a document or thing at an examination before an examiner.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.