Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Board may make
any inquiry that the Board considers necessary or expedient for the purposes
of —
(a)
determining any application or any other matter before the Board;
(b)
determining whether or not a licensed surveyor is or has been complying with
the requirements of this Act;
(c)
determining whether any other cause exists that might be considered by the
Board a proper cause for disciplinary action;
(d)
detecting offences against this Act.
(2) The Board may
designate an officer of the Board to be an investigator to carry out an
inquiry and report to the Board under this section.
(3) The investigator
may —
(a)
require any person —
(i)
to give the investigator such information as the
investigator requires; and
(ii)
to answer any question put to the person,
in relation to any
matter the subject of such inquiry;
(b)
require any person to produce any document to the investigator;
(c)
enter at all reasonable times and search any premises and inspect any
documents that the investigator finds on the premises; and
(d) make
a copy or abstract of any document produced or inspected under this section,
or of any entry made in the document.
(4) A requirement made
under subsection (3)(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; and
(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; and
(iv)
be given on oath or affirmation or by statutory
declaration for which purpose the investigator may administer an oath or
affirmation and have the authority of a commissioner for declarations.
(5) A requirement made
under subsection (3)(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; and
(c) may,
by its terms, require that the document be produced —
(i)
at any place specified in the requirement; and
(ii)
by any means specified in the requirement.
(6) Where under
subsection (3)(a) an investigator orally requires a person to give any
information or answer any question, the investigator shall inform that person
that he is required under this Act to give the information or answer the
question, as the case may be.
(7) Where under
subsection (3)(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 is required under this Act to give the information, answer
the question, or produce the document, as the case may be.
(8) Before entering
any premises under this section the investigator —
(a)
shall obtain a warrant to do so from a magistrate or Justice of the Peace
which warrant the magistrate or Justice of the Peace is authorised to issue
upon being satisfied that the entry is sought in good faith for the purpose of
carrying out an inquiry under this section; and
(b)
shall display to the person, if any, giving the investigator entry, a document
signed by the chairman of the Board and certifying that the person is
designated as an investigator by the Board.
[Section 8A inserted by No. 55 of 2004
s. 649.]