TASIn ForceAct
Integrity Commission Act 2009
52Powers of investigator while on premises
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### 52 Powers of investigator while on premises
> > (1) An investigator or any person assisting an investigator who enters premises under this Part may exercise any or all of the following powers:
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> > > > (a) to search the premises and examine anything on the premises;
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> > > > (b) to search for any record, information, material or thing relating to the matter to which the investigation relates;
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> > > > (c) to operate equipment or facilities on the premises for a purpose relevant to the investigation;
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> > > > (d) to take possession of any record, information, material or thing and retain it for as long as may be necessary to examine it to determine its evidentiary value;
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> > > > (e) to make copies of any record, information, material or thing or any part of any record, information, material or thing;
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> > > > (f) to seize and take away any record, information, material or thing or any part of any record, information, material or thing;
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> > > > (g) to use (free of charge) photocopying equipment on the premises for the purpose of copying any record, information, material or thing;
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> > > > (h) in respect of any computer or other equipment that the investigator suspects on reasonable grounds may contain any record, information, material or thing –
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> > > > > > (i) to inspect and gain access to the computer or equipment; and
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> > > > > > (ii) to download or otherwise obtain any record, information, material or thing; and
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> > > > > > (iii) to make copies of any record, information, material or thing held in it; and
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> > > > > > (iv) to seize and take away the computer or equipment or any part of it;
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> > > > (i) if any record, information, material or thing found on the premises cannot be conveniently removed, to secure it against interference;
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> > > > (j) to require or direct any person who is on the premises to do any of the following:
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> > > > > > (i) to state his or her full name, date of birth and address;
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> > > > > > (ii) to answer (orally or in writing) questions asked by the investigator relevant to the investigation;
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> > > > > > (iii) to produce any record, information, material or thing;
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> > > > > > (iv) to operate equipment or facilities on the premises for a purpose relevant to the investigation;
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> > > > > > (v) to provide access (free of charge) to photocopying equipment on the premises the investigator reasonably requires to enable the copying of any record, information, material or thing;
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> > > > > > (vi) to give other assistance the investigator reasonably requires to conduct the investigation;
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> > > > (k) to do anything else reasonably necessary to obtain information or evidence for the purposes of the investigation.
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> > (2) Any record, information, material or thing obtained by the investigator may be used for the purposes of the investigation or any subsequent inquiry under [Part 7](#HP7@EN) .
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> > (3) If an investigator takes anything away from the premises, the investigator must issue a receipt in a form approved by the Board and –
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> > > > (a) if the occupier or a person apparently responsible to the occupier is present, give it to him or her; or
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> > > > (b) otherwise, leave it on the premises in an envelope addressed to the occupier.
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> > (4) An investigator and any assistants authorised to enter premises under a search warrant may use such force as is reasonably necessary for the purpose of entering the premises and conducting the search.
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> > (5) A person required or directed to do anything under [subsection (1)(j)](#GS52@Gs1@Hpj@EN) must not, without reasonable excuse, fail to comply with the requirement or direction.
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> > Penalty: Fine not exceeding 2 000 penalty units.