26Operator to provide information

26 Operator to provide information

S. 26(1) amended by Nos 88/2000 s. 39(a)(b), 114/2003 s. 12.1.2 (Sch. 5 item 15).

(1) The Commission may, by notice in writing, require a casino operator or a person who was a casino operator or a person who, in the opinion of the Commission, is or was directly or indirectly associated with the operator—

S. 26(1)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15).

(a) to provide the Commission or an authorised person, in accordance with directions in the notice, with such information relevant to the operator or that association or to the casino, or with such information as the Commission requires, as is specified in the notice; or

S. 26(1)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15).

(b) to produce to the Commission or an authorised person, in accordance with the directions in the notice, such records relevant to the operator or that association or to the casino, or to matters specified by the Commission, as are specified in the notice and to permit examination of those records, the taking of extracts from them and the making of copies of them; or

S. 26(1)(c) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15).

(c) to attend before the Commission or an authorised person for examination in relation to any matters relevant to the operator or that association or to the casino, or to matters specified by the Commission, and to answer questions relating to those matters.

S. 26(1A) inserted by No. 54/2021 s. 14(1).

(1A) A notice under subsection (1)(a) may require that the information to be provided is in the form of, or verified by, a statutory declaration or affidavit.

S. 26(1B) inserted by No. 54/2021 s. 14(1).

(1B) The Commission or an authorised person may require a person attending for examination in accordance with subsection (1)(c) to answer questions on oath or affirmation and, for that purpose, the person presiding at or conducting the examination may administer an oath or affirmation.

S. 26(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15), substituted byNo. 54/2021 s. 14(2).

(2) A person is not excused from complying with a notice under this section on the ground that compliance might tend to incriminate the person.

S. 26(2A) inserted by No. 54/2021 s. 14(2).

(2A) If a natural person, before complying with the notice, claims in writing to the Commission that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than—

(a) proceedings under this Act; or

(b) proceedings for an offence against section 10.5.16(1) of the in relation to the giving of information under this section.