LOCAL GOVERNMENT ACT 2009 - SECT 148D Power to require information or document for department investigation

LOCAL GOVERNMENT ACT 2009 - SECT 148D

148D Power to require information or document for department investigation

(1) This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that—

(a) either or both of the following apply—

(i) information included in a register or record of a local government is incorrect because of an error or omission;

(ii) an offence against this Act has been committed relating to a register or record; and

(b) a person—

(i) is able to give information about the error, omission or offence; or

(ii) holds a document relating to the error, omission or offence.

(2) The department’s chief executive or, if directed by the chief executive, an authorised officer may require the person to give the information or produce the document.

(3) When making the requirement, the department’s chief executive or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.

(4) The person must comply with the requirement unless the person has a reasonable excuse.

Penalty—

Maximum penalty—40 penalty units.

(5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.

(6) It is a defence in a prosecution under subsection (4) that the information or document sought by the department’s chief executive or authorised officer is not relevant to the error, omission or offence.

(7) If the person produces the document to the department’s chief executive or authorised officer, the chief executive or officer—

(a) may keep the document to take an extract from it or make a copy of it; and

(b) must return the document to the person as soon as practicable after taking the extract or making the copy.