New South Wales Consolidated Acts

TRAVEL AGENTS ACT 1986 - SECT 45

45 Production of records

(1) In this section:
"authorised person" means:

(a) the Director-General, or

(b) a person authorised in writing by the Director-General to exercise the powers conferred by this section, or

(c) an investigator appointed under section 18 of the Fair Trading Act 1987 .

(2) For the purpose of ascertaining whether the provisions of this Act are being, or have been, complied with by a person carrying on business as a travel agent, an authorised person may, by instrument in writing, require the person so carrying on business to produce specified records, or records of a specified class or description, to a specified person at a specified place at a specified time or within a specified period.

(3) Where an authorised person requires production under subsection (2) of a record that is not in writing, or is not written in the English language, or is not decipherable on sight, the requirement to produce the record shall be deemed to be a requirement to produce, in addition to the record if it is in writing, or instead of the record if it is not in writing, a statement, written in the English language and decipherable on sight, containing the whole of the information in the record.

(4) A person shall not refuse or fail to produce any record or statement in accordance with a requirement made of the person under subsection (2).

Penalty: 50 penalty units.

(5) An authorised person may inspect and take notes, copies and extracts of or from any record or statement produced pursuant to this section.