sec.90Power to obtain information

### sec.90 Power to obtain information In relation to any matter relevant to the operation or enforcement of this Act, an inspector may require a person (either by oral or written requisition) to furnish— any information; and any records or a copy of them; in the person’s possession. For the purpose of subsection (1) , a person shall be taken to be in possession of— information, if the person has the information or is entitled to access to the information; and records, if the person has them in the person’s possession or if the person has them under control in any place, whether for the person’s own use or benefit or for another’s use or benefit and although another person has the actual possession or custody of the records. A requisition made under subsection (1) may require that the information or records or copy of them be furnished— to the inspector or another inspector or to a stated officer of the department; or at the place the requisition is made or at another place; or immediately or at, by or within a time specified; or in person, or by certified mail or in another way specified; or by means of, or accompanied by, verification in the form of, a statutory declaration; or in the case of information, orally or in writing. A person must not, without reasonable excuse— refuse or fail to furnish any information, records or a copy of them as required of the person under this section; or in response to a requisition made under this section furnish information, records or copies that is or are false or misleading in a material particular. Maximum penalty—100 penalty units. It is not a reasonable excuse for a person to refuse or fail to furnish information, a record or copy of a record on the ground that the information, record or copy might tend to incriminate the person. However, information mentioned in subsection (5) is not admissible in evidence against the person— for an individual—in any criminal proceedings; or for a body corporate—in any criminal proceedings, other than proceedings under this Act. Subsection (6) does not apply to information as to the name and address of the person or as to the person’s ownership of, control over or position in, any business. Where a person records or stores any matter by means of a mechanical, electronic or other device, the duty imposed by this section to produce any records containing those matters shall be construed as including a duty to produce the matters in written form if that is demanded. The duty imposed by this section to produce a copy of any records shall be construed as a duty to produce a clear reproduction. An inspector or an officer of the department may take notes or copies of or extracts from records or a copy of them produced under this section. Records furnished under this section may be retained for so long as it is necessary to do so for the purposes of this Act, but the person otherwise entitled to possession of them, if the person so requests it, is entitled to be furnished as soon as practicable with a copy of them certified by the commissioner to be a true copy and such a certified copy shall be received in all courts and elsewhere as evidence of the matters contained in it as if it were the original. s 90 amd 1992 No. 68 s 3 sch 1 ; 1997 No. 12 s 39 ; 1997 No. 82 s 3 sch ; 2010 No. 54 s 30 (sec.90-ssec.1) In relation to any matter relevant to the operation or enforcement of this Act, an inspector may require a person (either by oral or written requisition) to furnish— any information; and any records or a copy of them; in the person’s possession. (sec.90-ssec.2) For the purpose of subsection (1) , a person shall be taken to be in possession of— information, if the person has the information or is entitled to access to the information; and records, if the person has them in the person’s possession or if the person has them under control in any place, whether for the person’s own use or benefit or for another’s use or benefit and although another person has the actual possession or custody of the records. (sec.90-ssec.3) A requisition made under subsection (1) may require that the information or records or copy of them be furnished— to the inspector or another inspector or to a stated officer of the department; or at the place the requisition is made or at another place; or immediately or at, by or within a time specified; or in person, or by certified mail or in another way specified; or by means of, or accompanied by, verification in the form of, a statutory declaration; or in the case of information, orally or in writing. (sec.90-ssec.4) A person must not, without reasonable excuse— refuse or fail to furnish any information, records or a copy of them as required of the person under this section; or in response to a requisition made under this section furnish information, records or copies that is or are false or misleading in a material particular. Maximum penalty—100 penalty units. (sec.90-ssec.5) It is not a reasonable excuse for a person to refuse or fail to furnish information, a record or copy of a record on the ground that the information, record or copy might tend to incriminate the person. (sec.90-ssec.6) However, information mentioned in subsection (5) is not admissible in evidence against the person— for an individual—in any criminal proceedings; or for a body corporate—in any criminal proceedings, other than proceedings under this Act. (sec.90-ssec.6A) Subsection (6) does not apply to information as to the name and address of the person or as to the person’s ownership of, control over or position in, any business. (sec.90-ssec.7) Where a person records or stores any matter by means of a mechanical, electronic or other device, the duty imposed by this section to produce any records containing those matters shall be construed as including a duty to produce the matters in written form if that is demanded. (sec.90-ssec.7A) The duty imposed by this section to produce a copy of any records shall be construed as a duty to produce a clear reproduction. (sec.90-ssec.8) An inspector or an officer of the department may take notes or copies of or extracts from records or a copy of them produced under this section. (sec.90-ssec.9) Records furnished under this section may be retained for so long as it is necessary to do so for the purposes of this Act, but the person otherwise entitled to possession of them, if the person so requests it, is entitled to be furnished as soon as practicable with a copy of them certified by the commissioner to be a true copy and such a certified copy shall be received in all courts and elsewhere as evidence of the matters contained in it as if it were the original. - (a) any information; and - (b) any records or a copy of them; - (a) information, if the person has the information or is entitled to access to the information; and - (b) records, if the person has them in the person’s possession or if the person has them under control in any place, whether for the person’s own use or benefit or for another’s use or benefit and although another person has the actual possession or custody of the records. - (a) to the inspector or another inspector or to a stated officer of the department; or - (b) at the place the requisition is made or at another place; or - (c) immediately or at, by or within a time specified; or - (d) in person, or by certified mail or in another way specified; or - (e) by means of, or accompanied by, verification in the form of, a statutory declaration; or - (f) in the case of information, orally or in writing. - (a) refuse or fail to furnish any information, records or a copy of them as required of the person under this section; or - (b) in response to a requisition made under this section furnish information, records or copies that is or are false or misleading in a material particular. - (a) for an individual—in any criminal proceedings; or - (b) for a body corporate—in any criminal proceedings, other than proceedings under this Act.