ANTI-CORRUPTION COMMISSION ACT 1988 - SECT 44

This legislation has been repealed.

ANTI-CORRUPTION COMMISSION ACT 1988 - SECT 44

44 .         Power to request statements of information or documents

        (1)         In carrying out an investigation, the Commission or a special investigator may, by written notice, request a public authority or public officer to produce a statement of information.

        (2)         A request under subsection (1) must specify or describe the information concerned and specify the manner in which, and period within which, the statement is to be produced.

        (3)         A request under subsection (1) may specify a person or class of persons who may satisfy the request on behalf of the public authority or public officer.

        (4)         A person who fails, without reasonable excuse, to produce a statement as requested under this section commits an offence.

        Penalty: $8 000 or imprisonment for 2 years.

        (5)         A request under subsection (1) must be complied with despite any rule of law which, in proceedings in a court, might justify an objection to compliance with a like request on grounds of public interest.

        (6)         A statement produced by a person as requested under subsection (1) is not admissible in evidence against that person in any civil or criminal proceedings (except contempt proceedings or proceedings for an offence against this Act).

        (7)         Section 38 applies in relation to an investigation as if, in subsection (1) of that section, the reference to a preliminary inquiry were a reference to an investigation and the words “orally or” were deleted.

        [Section 44 ⁴ inserted as section 8Hby No. 29 of 1996 s. 21.]