38Power of investigator to obtain information, documents and evidence

#### 38 Power of investigator to obtain information, documents and evidence 38 Power of investigator to obtain information, documents and evidence > > (1) If the Secretary believes on reasonable grounds that a person is capable of giving information, producing documents or other items or giving evidence in relation to a matter that constitutes, or may constitute, an offence against this Act or the regulations, an investigator may, by notice in writing given to the person, require the person— > > > > > (a) to provide an investigator, in writing signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate) and given to the investigator within the time and in the manner specified in the notice, with any such information, or > > > > > (b) to produce to an investigator, in accordance with the notice, any such documents or items, or > > > > > (c) to appear before an investigator at a time and place specified in the notice and give any such evidence, either orally or in writing, and produce any such documents or items. > > > (2) If the Secretary believes on reasonable grounds that a person has engaged, or is engaging, in conduct that constitutes, or may constitute, an offence against this Act or the regulations, an investigator may, for the purpose of ascertaining by the examination of documents in the possession or under the control of the person whether the person has engaged, or is engaging, in that conduct— > > > > > (a) enter and remain in any holiday park, site or other premises, and > > > > > (b) inspect any documents or items in the possession or under the control of the person, and > > > > > (c) make copies or photographs of, or take extracts from, those documents or items. > > > (3) A person must not— > > > > > (a) without reasonable excuse, refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it, or > > > > > (b) in purported compliance with such a notice, provide information, or give evidence, that the person knows is false or misleading, or > > > > > (c) hinder or obstruct an investigator exercising his or her functions under subsection (2). > > > > Maximum penalty—5 penalty units. > > > (4) A natural person is excused from providing information, giving evidence or producing or permitting the inspection of a document or item in accordance with this section on the ground that the information, evidence, document or item may tend to incriminate the person. > > > (5) This section does not authorise any person to enter a part of any site that is being used only for residential purposes or is physically occupied without the consent of the occupier of that part of the site. > > **ss 38–40:** Am 2016 No 55, Sch 1.12 \[2\].