First Home Owner Grant Act 2000

An authorised investigator who enters premises under section 42 may do any one or more of the following —

search the premises and examine anything on the premises, opening it if necessary and, if specifically authorised to do so by the Commissioner, breaking it open;

take possession of relevant material and retain it for as long as may be necessary —

for examining it, or examining and copying it, to determine its evidentiary value; or

if it is relevant to an investigation of the eligibility for a first home owner grant of a person —

by whom, or on whose behalf, an application for the grant has been made; or

to whom, or for whose benefit, the grant has been paid,

if it is relevant to possible legal proceedings —for the purposes of those proceedings;

if relevant material found on the premises cannot be conveniently removed, secure it against interference;

request any person who is on the premises —

to state his or her full name and address; or

to answer (orally or in writing) questions put by the authorised investigator relevant to the investigation; or

to produce relevant material in the person’s possession or control; or

to operate, or allow the authorised investigator to operate, for investigation purposes equipment or facilities on the premises; or

to give other assistance the authorised investigator reasonably requires to carry out the investigation.

A person who does not comply with an authorised investigator’s request under this section commits an offence.

An authorised investigator is not authorised to take anything from premises unless the investigator —

gives the occupier, or another person apparently responsible to the occupier, a receipt for the thing taken, if requested to do so by the occupier or other person; or

if the occupier, or a person apparently responsible to the occupier, is not present — leaves a receipt for the thing taken, in an envelope addressed to the occupier, in a prominent position on the premises.

A receipt is to be in a form approved by the Commissioner.

The Commissioner must ensure that a person from whom anything is taken under this section and who would otherwise be entitled to possession of the thing is allowed —

if the thing taken is a document — reasonable access to it or a copy of it, as the Commissioner considers appropriate; or

in any other case — reasonable access to it.

If an authorised investigator takes possession of anything under this section, the Commissioner must ensure that it is returned to the person entitled to possession of it —

if it was taken in connection with the prosecution or possible prosecution of a suspected offence under this Act — as soon as practicable after the relevant prosecution is completed or discontinued or, if no prosecution is commenced, as soon as practicable after the decision not to prosecute is made; or

if it was taken in connection with the investigation of the eligibility for a first home owner grant of a person referred to in subsection (1)(b)(ii) — as soon as practicable after the eligibility of the person has been determined and any procedures, including legal proceedings, relating to the recovery of the grant have been completed; or

in any other case — within 28 days after it was taken.