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 **Gambling Regulation Act 2003** in relation to the giving of information under this section. S. 26(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15). (3) If records are produced under this section, the Commission or authorised person to whom they are produced may retain possession of the records for such period as may reasonably be necessary to permit examination of the records, the taking of extracts from them and the making of copies of them. S. 26(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 15). (4) At any reasonable times during the period for which records are retained, the Commission or authorised person must permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the Commission or an authorised person. (5) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person. S. 26(6) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 16). Note to s. 26 inserted by No. 54/2021 s. 14(3). Section 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to this section. S. 27 (Heading) inserted by No. 54/2021 s. 15(1).