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
functions under this Act, the Registrar or an inspector may —
(a)
require any person —
(i)
to give such information as the Registrar or inspector
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 found thereon; and
(d) make
a copy or abstract of any document produced to, or inspected by, the Registrar
or inspector 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.
(7) Without prejudice
to the provisions of section 11 of the Evidence Act 1906 , where
under this section a person is required to —
(a) give
any information;
(b)
answer any question; or
(c)
produce any document,
he shall not refuse to
comply with that requirement on the ground that the information, answer, or
document may tend to incriminate him or render him liable to any penalty, but
the information or answer given, or document produced, by him shall not be
admissible in evidence in any proceedings against him other than proceedings
in respect of an offence against subsection (8)(b).
(8) Where under this
section a person is required by the Registrar or an inspector to give any
information, answer any question, or produce any document and that person,
without reasonable excuse (proof of which shall lie on him) —
(a)
fails to give that information or answer that question at or within the time
specified in the requirement;
(b)
gives any information or answer that is false in any particular; or
(c)
fails to produce that document at or within the time specified in the
requirement,
the person commits an
offence.
Penalty: $1 000.
(9) It is a defence in
any proceeding for an offence under subsection (8)(a) or (c) for the
accused to show —
(a)
that, in the case of an alleged offence arising out of a requirement made
orally under this section, the Registrar or the inspector did not, when making
the requirement, inform him that he was required under this Act to give the
information or answer the question, as the case may be;
(b)
that, in the case of an alleged offence arising out of a requirement made by
notice in writing under this section, the notice did not state that he was
required under this Act to give the information, answer the question, or
produce the document, as the case may be;
(c) that
the time specified in the requirement did not afford him sufficient notice to
enable him to comply with the requirement; or
(d)
that, in any case, the Registrar or the inspector did not, before making the
requirement, have reasonable grounds to believe that compliance with the
requirement would materially assist in the investigation or inquiry being
carried out.
(10) A person shall
not prevent or attempt to prevent the Registrar or an inspector from entering
premises or otherwise obstruct or impede the Registrar or an inspector in the
exercise of his powers under this section.
[Section 16B inserted by No. 8 of 1984
s. 7; amended by No. 20 of 1989 s. 3; No. 55 of 2004
s. 1279; No. 84 of 2004 s. 82; No. 24 of 2005 s. 63.]