COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 15B
COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 15B
(1) For the purposes
of ascertaining whether the provisions of this Act are being complied with and
subject to this section, an inspector may enter any place in which the
inspector suspects, on reasonable grounds, there may be evidence or records
connected with an activity for which a licence is required under this Act.
(2) An inspector must
not enter a place used as a residence unless—
(a) the
occupier consents; or
(b) the
inspector is authorised by warrant under subsection (3).
(3) A magistrate may,
if satisfied on the application of an inspector that there is a proper ground
for doing so, issue a warrant authorising an inspector to enter a place used
as a residence.
(4) While an inspector
is in or on any place under this section, the inspector may do one or more of
the following:
(a)
inspect or search the place or anything in the place;
(b)
require a person in the place to—
(i)
produce documents (which may include a written record
reproducing in an understandable form information stored by computer,
microfilm or other process) that are in the person's custody or control; and
(ii)
answer any questions put by the inspector;
(c)
inspect documents produced to the inspector and retain them for so long as is
reasonably necessary for the purpose of copying or taking extracts from them;
(d) take
photographs, films, audio, video or other recordings;
(e) if
the inspector suspects on reasonable grounds that an offence has been
committed, seize and retain anything that the inspector believes affords
evidence of the offence;
(f) give
such directions as are reasonably necessary for, or as are incidental to, the
effective exercise of the inspector's powers under this section.
(5) A person
who—
(a)
hinders or obstructs an inspector in the exercise of powers under this
section; or
(b)
fails, without reasonable excuse, to comply with a requirement of an inspector
under this section; or
(c)
fails, without reasonable excuse, to answer, to the best of the person's
knowledge, information and belief, a question put by an inspector; or
(d)
falsely represents that he or she is an inspector, is guilty of an offence.
Maximum penalty: $8 000.
(6) An inspector may,
in exercising powers under this section, be accompanied by such assistants as
are reasonably necessary for the purpose.
(6a) An inspector may
require that the answer to a question under this section be verified by
statutory declaration or given under oath.
(7) A person may
decline to answer a question put under this section if the answer would tend
to incriminate the person of an offence.