New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 48

48 Powers of Board or authorised officer to obtain evidence

(1) For the purposes of carrying out an investigation under Part 3 or 4 or for any purpose in connection with proceedings before the Tribunal on an application or referral under this Act, the Board or an authorised officer may direct a person to do any one or more of the following:

(a) to appear personally before the Board or authorised officer at a time and place specified in the direction,

(b) to give evidence (including evidence on oath),

(c) to produce to the Board or authorised officer any document that is in that person’s custody or under that person’s control,

(d) to grant to the Board or authorised officer such authorities as may be necessary to enable the Board or authorised officer to gain access to any document that is in the custody or under the control of any other person.

(2) The Board or an authorised officer may inspect any document produced under this section and may retain it for such period as the Board or officer thinks necessary for the purposes of the investigation in relation to which it was produced. The Board or authorised officer may make copies of the document or any part of the document.

(3) If the accreditation holder against whom any complaint is made (or taken to be made) claims a lien over documents relating to the matter the subject of the complaint, the Board may require the accreditation holder to waive the lien if satisfied it is necessary for the orderly transaction of the complainant’s business.

(4) For the purposes of this section, a member of the Board or an authorised officer may administer an oath (or, if the investigation is being conducted by a committee that is exercising delegated functions, by a member of the committee).