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s 23

Powers to obtain information

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23 Powers to obtain information

(1)

A police officer may, for the purpose of performing any function in respect of an offence under section 7 or any offence involving a child —

(a)

require a person to produce to the police officer any document or other thing that is in the possession or under the control of the person; and

(b)

inspect any document or other thing produced to the police officer and retain it for such reasonable period as the police officer thinks fit, and make copies of a document or any of its contents; and

(c)

require a person —

(i)

to give the police officer such information as the police officer requires; and

(ii)

to answer any question put to that person.

(2)

A requirement made under subsection (1) to produce a document or other thing —

(a)

is to be made in writing given to the person required to produce the document or other thing; and

(b)

is to specify the time at or within which the document or other thing is to be produced; and

(c)

may, by its terms, require that the document or other thing required be produced at a place and by means specified in the requirement; and

(d)

where the document required is not in a readable format, is to be treated as a requirement to produce —

(i)

the document itself; and

(ii)

the contents of the document in a readable format.

(3)

A requirement made under subsection (1) to give information or answer a question —

(a)

may be made orally or in writing served on the person required to give information or answer a question, as the case may be; and

(b)

is to specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and

(c)

may, by its terms, require that the information or answer required —

(i)

be given orally or in writing;

(ii)

be given at or sent or delivered to a place specified in the requirement;

(iii)

in the case of written information or answers, be sent or delivered by means specified in the requirement;

(iv)

be verified by statutory declaration.

(4)

If under subsection (1) the police officer requires a person to give information or answer a question, the police officer is to inform the person that the person is required under this Act to give the information or answer the question.

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