Section 57 - Funeral Funds Act 1979 - Procedure with respect to holding of inquiry

57Procedure with respect to holding of inquiry

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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—