Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of carrying out any investigation or inquiry in the course of carrying out his
duties under this Act, the Registrar or an inspector may —
(a)
require any person —
(i)
to give him such information as he requires; and
(ii)
to answer any question put to him,
in relation to any
matter the subject of such investigation or inquiry;
(b)
require any person to produce any document relating to any such investigation
or inquiry;
(c)
enter at all reasonable times and search any premises and inspect any
documents that he finds thereon; and
(d) make
a copy or abstract of any document produced to, or inspected by, him 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 Registrar or
an inspector 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; 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 Registrar or an inspector 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; 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.
(4) Where under
subsection (1)(a) the Registrar or an inspector orally requires a
person to give any information or answer any question, the Registrar or the
inspector shall inform that person that he 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 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 Registrar or an
inspector —
(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 any investigation or inquiry under this Act; and
(b)
shall display to the person, if any, affording him entry —
(i)
in the case of the Registrar, a document signed by the
Minister and certifying that he is the Registrar; and
(ii)
in the case of an inspector, a document signed by the
Registrar and certifying that he is an inspector.
[Section 15 amended by No. 24 of 2005 s. 63.]