77GPowers, &c., of inspectors

### 77G Powers, &c., of inspectors > *\[Section 77G Inserted by No. 12 of 1981, s. 17 \]* > > > (1)  For the purposes of this Division, an inspector, on production of his warrant of authorization as such, may at any reasonable time and with such assistants as he considers necessary – > > > > > > (a) enter and remain in any premises at which, or at which he reasonably suspects, an insurance company is, or has been, carrying on business in relation to any of the prescribed classes of insurance; > > > > > > > (b) request any person found in or on any premises at which, or at which he reasonably suspects, an insurance company is, or has been, carrying on business in relation to any of the prescribed classes of insurance – > > > > > > > > > > (i) to produce any record which relates to, or which the inspector reasonably suspects relates to, the carrying on of such a business and which, at the time of the request, is in the possession or under the control of that person; and > > > > > > > > > > > (ii) to answer any question with respect to any such record or the carrying on of such a business; and > > > > > > > (c) inspect, or take copies of, or make notes in respect of, any record referred to in this subsection or any part of any such record. > > > (2)  *\[Section 77G Subsection (2) amended by No. 29 of 1995, s. 64 \]*Whenever the Chief Officer exercises a power conferred by [subsection (1)](#GS77G@Gs1@EN) in his capacity as an inspector, it shall be sufficient for the purposes of that subsection if he produces evidence of his appointment as Chief Officer. > > > (3)  *\[Section 77G Subsection (3) amended by No. 101 of 1993, s. 4 and Sched. 1 \]*[*\[Section 77G Subsection (3) substituted by No. 72 of 1999, s. 7, Applied:01 Jul 2000\]*](/view/html/inforce/2000-07-01/act-1999-072#GS7@EN) A person must not – > > > > > > (a) prevent or attempt to prevent an inspector from exercising any power conferred on the inspector by [subsection (1)](#GS77G@Gs1@EN) ; or > > > > > > > (b) hinder or obstruct an inspector in the exercise of any such power; or > > > > > > > (c) fail to comply with a request of an inspector under [subsection (1)](#GS77G@Gs1@EN) [(b)](#GS77G@Gs1@Hpb@EN) . > > > > Penalty:  Fine not exceeding 500 penalty units. > > > (4)  A person is not guilty of an offence under [subsection (3)](#GS77G@Gs3@EN) [(c)](#GS77G@Gs3@Hpc@EN) by reason of his failure to answer any question referred to in [subsection (1)](#GS77G@Gs1@EN) [(b)](#GS77G@Gs1@Hpb@EN) [(ii)](#GS77G@Gs1@Hpb@Hqii@EN) if he proves to the satisfaction of the court before which he is prosecuted for the offence that he did not know, and could not with reasonable diligence have ascertained, the answer to the question. > > > (5)  A person is not excused from answering any question if required to do so under [subsection (1)](#GS77G@Gs1@EN) [(b)](#GS77G@Gs1@Hpb@EN) on the ground that the answer might tend to incriminate him or make him liable to a penalty, but the information provided by him shall not be admissible against him in any proceedings, civil or criminal, except in proceedings for an offence under [subsection (3)](#GS77G@Gs3@EN) or [section 77H](#GS77H@EN) . > > > (6)  [*\[Section 77G Subsection (6) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja29@GC1@EN) *\[Section 77G Subsection (6) amended by No. 9 of 1982, s. 7 and Sched. 10 \]**\[Section 77G Subsection (6) amended by No. 29 of 1995, s. 64 \]*Where an answer to a question referred to in [subsection (1)](#GS77G@Gs1@EN) [(b)](#GS77G@Gs1@Hpb@EN) [(ii)](#GS77G@Gs1@Hpb@Hqii@EN) or any information whatever is given to an inspector by an officer of a corporation within the meaning of the Corporations Act which is carrying on or has carried on business in relation to any of the prescribed classes of insurance, the answer and information are, for the purposes of any proceedings against the corporation under any of the provisions of this Division, binding on and admissible in evidence against the corporation, unless it is proved that the answer or information was given in relation to a matter in respect of which the officer had no authority to bind the corporation. > > > (7)  The provisions of [subsection (6)](#GS77G@Gs6@EN) are in addition to any rule of law relating to the binding effect and admissibility in evidence of statements made by any officer or employee of a corporation.