LOCAL GOVERNMENT ACT 2020 - SECT 183 Powers of the Chief Municipal Inspector

LOCAL GOVERNMENT ACT 2020 - SECT 183

    (1)     The Chief Municipal Inspector has all the powers necessary to perform the Chief Municipal Inspector's functions.

    (2)     The Chief Municipal Inspector may examine, investigate and prosecute—

        (a)     any matter relating to a Council's operations or to Council elections or electoral matters; and

        (b)     any possible breaches of this Act.

    (3)     The Chief Municipal Inspector may, by notice in writing, require a person to—

        (a)     produce any document (whether or not specifically identified in the notice) in the person's custody or control that relates to any matter that the Chief Municipal Inspector may examine or investigate; and

        (b)     give all reasonable assistance in connection with an examination or investigation; and

        (c)     appear before the Chief Municipal Inspector for examination on oath or affirmation and to answer questions.

S. 183(3A) inserted by No. 11/2021 s. 151(1).

    (3A)     A notice under subsection (3) may specify that an appearance required under the notice is to be by means of audio visual link or audio link and in a specified manner.

S. 183(3B) inserted by No. 11/2021 s. 151(1).

    (3B)     A notice under subsection (3) that provides for appearance as described in subsection (3A)—

        (a)     need not specify a place for the appearance; and

        (b)     may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.

    (4)     The Chief Municipal Inspector may administer an oath or affirmation.

    (5)     The Chief Municipal Inspector may take possession of any document produced under subsection (3) for so long as the Chief Municipal Inspector considers necessary.

    (6)     However, while the Chief Municipal Inspector retains possession of such a document, the Chief Municipal Inspector must permit any person who would be entitled to inspect the document if it were not in the Chief Municipal Inspector's possession to inspect the document at any reasonable time.

S. 183(6A) inserted by No. 11/2021 s. 151(2).

    (6A)     If subsection (6) applies to a document, the Chief Municipal Inspector may provide the document by secure electronic means to any person who would be entitled to inspect the document if it were not in the Chief Municipal Inspector's possession.

S. 183(6B) inserted by No. 11/2021 s. 151(2).

    (6B)     A person provided with a document under subsection (6A) must—

        (a)     destroy the document as soon as practicable after inspecting the document; and

        (b)     advise the Chief Municipal Inspector in writing that the inspection of the document has been completed and that the document has been destroyed.

    (7)     A person appearing before the Chief Municipal Inspector is entitled to be represented by another person.

S. 183(7A) inserted by No. 11/2021 s. 151(3).

    (7A)     For the purposes of subsection (7), if a person appearing before the Chief Municipal Inspector is represented by another person that representative may appear by means of audio visual link or audio link.

    (8)     If the Chief Municipal Inspector considers at any time that any matter referred to the Chief Municipal Inspector by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011 appears to involve conduct that is corrupt conduct, the Chief Municipal Inspector must inform the IBAC.