Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, for the purposes of carrying out any investigation or inquiry in the
course of carrying out the functions of the chief executive officer under this
Act the chief executive officer or an authorised person may —
(a)
require any person —
(i)
to give the chief executive officer or an authorised
person such information as the chief executive officer requires;
(ii)
to answer any question put by the chief executive officer
or an authorised person,
in relation to any
matter the subject of such investigation or inquiry;
(b)
require any person to produce any document relating to such investigation or
inquiry;
(c)
enter at all reasonable times and search any premises and inspect any document
that he or she finds thereon;
(d) make
a copy or abstract of any document produced to or inspected by, him or her in
pursuance of this section or of any entry made therein and in the absence of
proof to the contrary any such copy certified as correct by the chief
executive officer or an authorised person shall be received in all courts as
evidence of, and of equal validity, as, the original.
(2) A requirement made
under subsection (1)(a) —
(a) may
be made orally or by notice in writing served on the person required to give
information or answer a question, as the case may be;
(b)
shall specify the time at or within which the information is to be given or
the question is to be answered, as the case may be;
(c) may,
by its terms, require that the information or answer
required —
(i)
be given orally or in writing;
(ii)
be given at or sent or delivered to any place specified
in the requirement;
(iii)
in the case of written information or answers, be sent or
delivered by any means specified in the requirement;
(iv)
be given on oath or affirmation or by statutory
declaration for which purpose the chief executive officer or an authorised
person may administer an oath or affirmation and may witness a statutory
declaration.
(3) A requirement made
under subsection (1)(b) —
(a)
shall be made by notice in writing served on the person required to produce a
document;
(b)
shall specify the time at or within which the document is to be produced;
(c) may,
by its terms, require that the document be produced —
(i)
at any place specified in the requirement;
(ii)
by any means specified in the requirement.
(4) Where under
subsection (1)(a) the chief executive officer or an authorised person
orally requires a person to give any information or answer any question, the
chief executive officer or the authorised person shall inform that person that
he or she is required under this Act to give the information or answer the
question, as the case may be.
(5) Where under
subsection (1)(a) or (b) a person is required by notice in writing to
give any information, answer any question, or produce any document, the notice
shall state that he or she is required under this Act to give the information,
answer the question, or produce the document, as the case may be.
(6) Before entering
any premises pursuant to this section the chief executive officer or an
authorised person —
(a)
shall obtain a warrant to do so from a magistrate or justice which warrant the
magistrate or justice is authorised to issue upon being satisfied that the
entry is sought in good faith for the purpose of carrying out any
investigation or inquiry under this Act; and
(b)
shall display to the person, if any, affording him or her
entry —
(i)
in the case of the chief executive officer, a document
signed by the Minister and certifying that he or she is the chief executive
officer; and
(ii)
in the case of an authorised person, a document signed by
the chief executive officer and certifying that he or she is an authorised
person.
(7) In the exercise of
his or her powers and functions under this Act, the chief executive officer
may inspect any books, papers or documents produced before the chief executive
officer, and retain them for such reasonable period as he or she thinks fit,
and make copies of any of them, or of any of their contents.
(8) A requirement
under this section shall not be made on an education service provider unless
the person on whom the requirement is made is a person who is nominated in
relation to the education service provider under sections 9, 10 or 11,
whichever applies, as a person who has the management or control of the
education service provider.
(9)
Where —
(a) a
person on whom a requirement is served under subsection (8) refuses or
fails to comply with the requirement; or
(b) a
requirement under subsection (8) cannot be served because of the absence
of a person having the management or control of the education service
provider,
the chief executive
officer may require any other person apparently having the management or
control of the education service provider to comply with the requirement.
[Section 32 amended by No. 24 of 2005 s. 63.]