Fines Enforcement and Debt Recovery Act 2017
Part 5Investigation powers
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Part 5—Investigation powers 29—Personal details and investigation of financial position (1) The Chief Recovery Officer may, at any time, give written notice to a debtor or alleged offender requiring the debtor or alleged offender to provide the Chief Recovery Officer with the personal details of the debtor or alleged offender. (2) If the Chief Recovery Officer has reasonable cause to believe that a person has knowledge of personal details of a debtor or alleged offender, the Chief Recovery Officer may give written notice to the person requiring the person to provide the Chief Recovery Officer with such personal details of the debtor or alleged offender as are known to the person. (3) The Chief Recovery Officer may, at any time, investigate a debtor's means of satisfying a pecuniary sum, or an alleged offender's means of satisfying an amount due under an expiation notice, and may give a written notice to a person requiring the person to produce to the Chief Recovery Officer, within a period stated in the notice, documents or other material relevant to the investigation. (4) A person who, without reasonable excuse (proof of which lies on the person), refuses or fails to comply with a requirement under this section is guilty of an offence. 30—Power to require information (1) If a public sector agency or a credit reporting body (within the meaning of the Privacy Act 1988 of the Commonwealth) is in possession of the personal details of a debtor or alleged offender, the agency or body must, on request from the Chief Recovery Officer, provide those details to the Chief Recovery Officer. (2) A public sector agency must, in accordance with the written request of the Chief Recovery Officer, produce to the Officer— (a) documents or other material in the possession of the agency relevant to an investigation of a debtor's means, or an alleged offender's means, of satisfying a pecuniary sum; and (b) information that would assist the Officer to identify or recognise a debtor or alleged offender. (3) This section does not apply to a public sector agency excluded from the application of this section by the regulations. 31—Power to require identification (1) An authorised officer may require a person who the officer has reasonable cause to suspect may be a debtor or alleged offender to produce evidence of the person's identity. (2) A person who, without reasonable excuse (proof of which lies on the person), refuses or fails to comply with a requirement under this section is guilty of an offence. 32—Disclosure of information to prescribed interstate authority The Chief Recovery Officer may disclose prescribed particulars of a debtor or alleged offender to a prescribed interstate authority.