Australian Crime Commission (Tasmania) Act 2004
20Power to obtain documents
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20 Power to obtain documents
(1) An examiner may, by notice in writing served on a person, require the person –
(a) to attend, at a time and place specified in the notice, before a person specified in the notice, being the examiner or a member of the staff of the ACC; and
(b) to produce at that time and place to the person so specified a document or thing specified in the notice, being a document or thing that is relevant to a special ACC operation/investigation.
(2) Before issuing a notice under subsection (1) , the examiner must be satisfied that it is reasonable in all the circumstances to do so.
(2A) The examiner must also record in writing the reasons for the issue of the notice.
(3) A notice may be issued under this section in relation to a special ACC operation/investigation, whether or not an examination before an examiner is being held for the purposes of the operation or investigation.
(4) A person must not refuse or fail to comply with a notice served on the person under this section.
(5) A person who contravenes subsection (4) is guilty of an indictable offence that, subject to this section, is punishable, upon conviction, by a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 5 years.
(6) Despite an offence against subsection (4) being an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of the offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
(7) Where, in accordance with subsection (6) , a court of summary jurisdiction convicts a person of an offence against subsection (4) , the penalty that the court may impose is a fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year.
(8) The provisions of section 23(3) , (4) , (4A) , (5) and (9) apply in relation to a person who is required to produce a document or thing by a notice served on him or her under this section in the same manner as they apply in relation to a person who is required to produce a document or thing at an examination before an examiner.