Div 2Investigations

Division 2—Investigations 33—Authorised investigations An authorised investigation is an investigation to determine— (a) whether an application under this Act or a corresponding law for a first home owner grant has been properly made; or (b) whether an objection to a decision made under this Act or a corresponding law should be upheld; or (c) whether an applicant to whom, or for whose benefit, a first home owner grant has been paid under this Act or a corresponding law was eligible for the grant; or (d) whether a condition on which a first home owner grant has been paid under this Act or a corresponding law has been complied with; or (e) any other matter reasonably related to the administration or enforcement of this Act or a corresponding law. 34—Cross-border investigation (1) The Commissioner may, at the request of an authority responsible for administering a corresponding law, carry out an authorised investigation for the purposes of the corresponding law. (2) The Commissioner may delegate powers of investigation under this Division to the authority responsible for the administration of a corresponding law, or a person nominated by that authority. 35—Power of investigation (1) For the purposes of an authorised investigation, the Commissioner may, by written notice, require a person— (a) to give the Commissioner written information specified in the notice; or (b) to attend at a specified time and place before the Commissioner or the Commissioner's nominee to answer questions relevant to the investigation; or (c) to produce a document to the Commissioner at a specified time and place. (2) The Commissioner may require that information given, or to be given, under this section be verified on oath or by statutory declaration. (3) A person who, without reasonable excuse, refuses or fails to comply with a requirement of the Commissioner under this section is guilty of an offence. (4) A person who, having attended before the Commissioner or the Commissioner's nominee in response to a notice under subsection (1)(b), refuses or fails, without reasonable excuse, to answer a question relevant to the investigation is guilty of an offence. 36—Powers of entry and inspection (1) An authorised officer may, for the purposes of an authorised investigation, exercise any of the following powers: (a) inspect premises; (b) require a person to produce a document relevant to the investigation for inspection and (if necessary) to operate a computer or other device in which information is stored to produce a document in understandable form; (c) retain a document for inspection, to make a copy of it, or to take extracts from it; (d) require a person to answer questions relevant to the investigation; (e) require a person to give the authorised person other assistance that may be reasonable in the circumstances to carry out the authorised investigation. (2) An authorised person may enter premises to carry out an authorised investigation— (a) with the consent of the occupier; or (b) on the authority of a warrant issued under subsection (3). (3) A magistrate may issue a warrant authorising an authorised officer to enter premises (using force that may be reasonably necessary in the circumstances) if satisfied that the warrant is reasonably necessary for the administration or enforcement of this Act. (4) An authorised officer may be accompanied by any assistants the authorised officer reasonably requires to carry out an authorised investigation. (5) A person must not— (a) hinder or obstruct an authorised officer who is carrying out an authorised investigation or a person assisting the authorised officer; or (b) use abusive, threatening or insulting language to an authorised officer who is carrying out an authorised investigation or a person assisting an authorised officer; or (c) refuse or fail, without reasonable excuse, to comply with a requirement made by an authorised officer in the exercise of powers conferred by this section; or (d) answer a question put by an authorised officer under this section knowing that the answer is false or misleading. 37—Self incrimination (1) If a person is required to answer a question or to produce a document in the course of an authorised investigation, it is not an excuse for non-compliance that the answer to the question or the contents of the document might tend to incriminate the person or to make the person liable to a penalty. (2) However, if the person answers the question or produces the document after objecting to the requirement to do so on grounds of self-incrimination, evidence of the answer to the question or the production or contents of the document is not admissible in proceedings for an offence or for the imposition of a penalty other than proceedings under this Act.