FIRE SERVICES LEVY MONITOR ACT 2012 (NO. 81 OF 2012) - SECT 18 Power to obtain information and documents to monitor compliance

FIRE SERVICES LEVY MONITOR ACT 2012 (NO. 81 OF 2012) - SECT 18

    (1)     The Monitor may, by notice in writing, require a person who the Monitor believes is capable of providing information or producing documents that may assist the Monitor in monitoring compliance with this Act and the Fire Services Property Levy Act 2012 —

        (a)     to provide to the Monitor, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, that information; or

        (b)     to produce to the Monitor, or to a person specified in the notice acting on the Monitor's behalf, in accordance with the notice, those documents; or

        (c)     to appear before the Monitor at a time and place specified in the notice to give that information, either orally or in writing, and produce those documents.

    (2)     A person must not—

        (a)     refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it; or

        (b)     in purported compliance with a notice under this section, knowingly provide information or give evidence that is false or misleading; or

        (c)     obstruct or hinder the Monitor in exercising a power under this section.

Penalty:     20 penalty units, in the case of a natural person;

100 penalty units, in the case of a body corporate.

    (3)     Subject to subsection (4), a natural person is not excused from answering a question, providing information or producing or permitting the inspection of a document on the ground that the answer, information or document may tend to incriminate the natural person.

    (4)     Despite subsection (3), the answer by a person to any question asked in a notice under this section or the provision by a person of any information or the production by any person of a document in compliance with a notice under this section is not admissible in evidence against the person in any proceedings other than proceedings under this section.

    (5)     If any documents are produced to the Monitor under this section, the Monitor may make copies of or take extracts from the documents and retain possession of those copies and extracts.

    (6)     Section 20 does not apply to documents produced under this section.