South Australian Consolidated Acts

SOUTH AUSTRALIAN CO-OPERATIVE AND COMMUNITY HOUSING ACT 1991 - SECT 70

70—Powers of investigation

        (1)         In this section—

"prescribed matter" means—

            (a)         any matter relevant to ascertaining whether the provisions of this Act have been or are being complied with; or

            (b)         any matter that, in the opinion of the Minister or SAHT, requires investigation for the proper or expedient exercise or performance of a power or function under this Act; or

            (c)         any other matter of a prescribed class.

        (2)         An authorised officer may, for the purpose of investigating a prescribed matter—

            (a)         require a person who may be in a position to furnish information relevant to the investigation—

                  (i)         to take reasonable steps to provide that information to the authorised officer;

                  (ii)         to answer a question to the best of that person's knowledge, information and belief;

            (b)         —

                  (i)         require a person to produce any books, documents or records in his or her possession or control;

                  (ii)         require a person to produce any information stored by computer, microfilm or by any other process,

(insofar as the books, documents, records or information may be relevant to the investigation);

            (c)         —

                  (i)         examine, copy and take extracts from any books, documents, records or information produced under paragraph (b) or require a person to provide a copy of any such book, document, record or information;

                  (ii)         take possession of any books, documents or records produced under paragraph (b).

        (3)         Any person who is in a position to do so must at the request of an authorised officer provide such assistance as the authorised officer may reasonably require in the exercise of a power under subsection (2).

        (4)         An authorised officer exercising a power under subsection (2) may be accompanied by such assistants as are reasonably necessary in the circumstances.

        (5)         A person who—

            (a)         hinders an authorised officer or any assistant in the exercise of powers under subsection (2); or

            (b)         refuses or fails to comply with a requirement under subsection (2) or (3),

is guilty of an offence.

Maximum penalty: $5 000.

        (6)         A person is not obliged to answer a question under this section if the answer would tend to incriminate the person of an offence, or to produce a book, document or record, or information, under this section if it or its contents would tend to incriminate the person of an offence.

        (7)         A person will not be subject to any civil liability by reason of compliance with a requirement made under this section.

        (8)         If the possession of a book, document or record is retained under this section, a person who would be entitled to inspect the book, document or record if it were not in the possession of an authorised officer is entitled to inspect the book, document or record at any reasonable time.

        (9)         An authorised officer exercising a power under this section must, at the request of a person affected by the exercise of the power, produce for the inspection of that person his or her identity card.