147Power of authorised officers to require answers

147 Power of authorised officers to require answers

147 Power of authorised officers to require answers

(1) An authorised officer may direct a person to answer questions about a matter if the authorised officer—

(a) reasonably suspects the person knows about the matter, and

(b) reasonably requires information about the matter for an authorised purpose.

(2) The direction may require the answers to be—

(a) in writing, or

(b) given verbally—

(i) in person, or

(ii) by audio link or audio visual link.

(3) The authorised officer may direct a body corporate to nominate an individual to answer questions for the body corporate.

(4) The nomination must be—

(a) in writing, and

(b) given to the authorised officer within the time required in the direction.

(5) The individual must be a director or other officer of the body corporate.

(6) Answers given by the individual bind the body corporate.

(7) The authorised officer may direct the person or nominated individual to attend at a specified place and time to answer questions if—

(a) the answers must be given verbally, and

(b) attendance at the place is reasonably required for the questions to be properly put and answered.

(8) The place and time must be reasonable in the circumstances.

(9) A direction under this section must be in writing.

(10) A person must not, without reasonable excuse, fail to comply with a direction under this section.

Maximum penalty for subsection (10)—

(a) for an individual—600 penalty units, or

(b) otherwise—3,000 penalty units.

Note—

The Crimes Act 1900, Part 5A contains offences relating to providing false or misleading information or documents. The offences have a maximum penalty of imprisonment for 2 years or a fine of $22,000, or both.