FIRE SERVICES LEVY MONITOR ACT 2012 (NO. 81 OF 2012) - SECT 19 Power to obtain information, documents and evidence

FIRE SERVICES LEVY MONITOR ACT 2012 (NO. 81 OF 2012) - SECT 19

    (1)     If the Monitor believes that a person is capable of providing information, producing documents or giving evidence relating to a matter that constitutes, or may constitute, a contravention of this Act, the Monitor may, by notice in writing, require that person—

        (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, or a person specified in the notice acting on the Monitor's behalf, at a time and place specified in the notice to give that evidence, either orally or in writing, and produce those documents.

    (2)     The Monitor or the person specified in the notice acting on the Monitor's behalf may require the evidence referred to in subsection (1)(c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation.

    (3)     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:     60 penalty units, in the case of a natural person;

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

    (4)     Subject to subsection (5), 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.

    (5)     Despite subsection (4), the answer by a person to any question asked in a notice under this section or the provision by a person of any information in compliance with a notice under this section is not admissible in evidence against the person—

        (a)     in the case of a person not being a body corporate, in any criminal proceedings other than proceedings under this section; or

        (b)     in the case of a body corporate, in any criminal proceedings other than proceedings under this Act.