102General investigations of Government Business Enterprise

102 General investigations of Government Business Enterprise

(1)  [Section 102 Subsection (1) amended by No. 42 of 2002, Sched. 1, Applied:27 Nov 2002] The Portfolio Minister, at his or her discretion or on the request of the Treasurer, may authorise a person to undertake and conduct an investigation into any matter relating to or affecting the performance of the Government Business Enterprise or a subsidiary.

(2)  [Section 102 Subsection (2) amended by No. 84 of 1999, s. 13, Applied:01 Jul 2000] The Treasurer may authorise a person to undertake and conduct an investigation to determine whether the Government Business Enterprise or subsidiary has complied with this Act in all matters concerned with the calculation and payment of its income tax equivalent and guarantee fee.

(3)  If the Treasurer authorises an investigation, he or she must provide to the Portfolio Minister notice of the investigation.

(4)  An investigator, after first notifying the Government Business Enterprise or subsidiary that he or she will be conducting an investigation, may do any one or more of the following:

(a) invite any person to make oral or written submissions and receive such submissions;

(b) require a director, chief executive officer or other person concerned in the management of, or employed by, the Government Business Enterprise or subsidiary to attend before the investigator and answer any questions asked by the investigator which are, in the opinion of the investigator, relevant to the investigation;

(c) require a director, chief executive officer or other person concerned in the management of, or employed by, the Government Business Enterprise or subsidiary to provide to the investigator any other information or any document in his or her possession or under his or her control and which is, in the opinion of the investigator, relevant to the investigation;

(d) examine, take possession of, make copies of and take extracts from any documents provided under a requirement referred to in paragraph (c) .

(5)  Notwithstanding subsections (4) (b) and , a person may refuse to answer a question or provide information when required to do so under if to do so would incriminate that person.