57Procedure with respect to holding of inquiry

#### 57 Procedure with respect to holding of inquiry 57 Procedure with respect to holding of inquiry > > (1) For the purposes of an inquiry under this Division, the Secretary may require a specified person— > > > > > (a) to produce to the Secretary at a place specified by the Secretary such records relating to a matter to which the inquiry relates as are in the custody or under the control of that person, > > > > > (b) to give to the Secretary all reasonable assistance in connection with the inquiry, and > > > > > (c) to attend before the Secretary for examination on oath, > > > > and may administer an oath to that person. > > > (2) A requirement under subsection (1) shall be made by notice in writing that is served on the person concerned and that specifies a time within which the requirement is to be complied with. > > > (3) Where records are produced to the Secretary under this section, the Secretary may take possession of those records for such period as the Secretary thinks necessary for the purposes of the inquiry, and during that period the Secretary shall permit a person who would be entitled to inspect any one or more of those records if they were not in the possession of the Secretary to inspect at all reasonable times such of those records as that person would be so entitled to inspect. > > > (4) A specified person shall not— > > > > > (a) refuse or fail to comply with a requirement of the Secretary specified in a notice referred to in subsection (2) to the extent to which the person is able to comply with it, > > > > > (b) in purported compliance with such a requirement provide information which is to the person’s knowledge false or misleading in a material particular, or > > > > > (c) when appearing before the Secretary for examination pursuant to such a requirement— > > > > > > > (i) make a statement which is to the person’s knowledge false or misleading in a material particular, or > > > > > > > (ii) refuse or fail to take an oath. > > > > Maximum penalty—10 penalty units. > > > (5) A duly qualified legal practitioner acting for a specified person may— > > > > > (a) attend an examination of that person, and > > > > > (b) with the permission of the Secretary— > > > > > > > (i) address the Secretary, and > > > > > > > (ii) examine that person, > > > > > > in relation to matters in respect of which the Secretary has questioned that person. > > > (6) A specified person is not excused from answering a question put to the person by the Secretary on the ground that the answer might tend to incriminate the person but, where that person claims, before answering the question, that the answer might incriminate the person, neither the question nor the answer is admissible in evidence against the person in criminal proceedings other than proceedings under subsection (4) or in relation to a charge of perjury in respect of that answer. > > > (7) A specified person who complies with a requirement of the Secretary under subsection (1) does not incur a liability to any person by reason only of that compliance. > > > (8) A specified person who is required to attend for examination under subsection (1) is entitled to such allowances and expenses (if any) as are prescribed, whether by reference to a scale of expenses for witnesses who attend before a court or otherwise. > > > (9) Where the Secretary is satisfied that a specified person has failed without lawful excuse to comply with a requirement of the Secretary to the extent to which that person is capable of complying with it, the Secretary may certify the failure in writing under the Secretary’s hand to the Supreme Court. > > > (10) Where the Secretary gives a certificate under subsection (9), the Supreme Court may inquire into the case and, if it is satisfied that the specified person to whom the certificate relates has failed without lawful excuse to comply with a requirement of the Secretary to the extent to which the person is capable of complying with it— > > > > > (a) may order the specified person to comply with the requirement within such period as is fixed by the Supreme Court, or > > > > > (b) may punish the specified person in the same way as if the person had been guilty of contempt of the Supreme Court and, if it thinks fit, also make an order under paragraph (a). > > > (11) The Secretary shall cause notes of an examination made by the Secretary under this section to be recorded in writing and may require a specified person to sign the notes and, subject to this section, notes signed by that person may be used in evidence in any legal proceedings against that person. > > > (12) A copy of the notes signed by a specified person shall be provided by the Secretary, without charge, to that person on request made by that person in writing. > > > (13) Notes made pursuant to this section that relate to a question the answer to which a specified person has claimed might tend to incriminate the person may not be used as evidence in criminal proceedings other than proceedings under subsection (4) or in relation to a charge of perjury in respect of that answer. > > **s 57:** Am 1992 No 112, Sch 1.