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s 62

Failure to comply with notice or direction given under s. 60

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Part 4Director’s powers to obtain information and entry to premises

62 Failure to comply with notice or direction given under s. 60

(1)

A person must not, without lawful excuse, refuse or fail —

(a)

to attend; or

(b)

to produce a book, document, record or other thing; or

(c)

to give information or answer a question,

as required by a notice or a direction under section 60.

Penalty for this subsection: a fine of $2 500.

(2)

A person must not, without lawful excuse, refuse or fail to be sworn or make an affirmation when required to do so under section 60.

Penalty for this subsection: a fine of $2 500.

[Section 62 amended: No. 35 of 2022 s. 35.]

63. Application for warrant to enter premises etc.

(1)

The Director may apply to a magistrate for a warrant to be issued in respect of premises.

(2)

An application for a warrant must —

(a)

be in writing; and

(b)

set out the grounds for seeking the warrant; and

(c)

describe the premises that are to be entered; and

(d)

give a general description of the class of persons at the premises (if any) whom it is proposed to medically examine.

(3)

A magistrate may require the Director to give more information about an application for a warrant.

(4)

A magistrate to whom an application is made under this section must refuse it if —

(a)

the application does not comply with the requirements of this Act; or

(b)

when required to do so by the magistrate, the Director does not give to the magistrate more information about the application.

(5)

The information in an application or given to a magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an oath or affirmation or take an affidavit.

[Section 63 amended: No. 24 of 2000 s. 17.]

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