QLDIn ForceAct
Liquor Act 1992
sec.183AAPower to require production of documents
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### sec.183AA Power to require production of documents
An investigator may require a person, by written notice given to the person, to produce to the investigator, at a reasonable time and place stated in the notice, any documents the investigator believes, on reasonable grounds—
the person has possession or control of; and
are relevant to the administration or enforcement of this Act.
An investigator may require the person to give the investigator reasonable assistance in relation to the exercise of the power mentioned in subsection (1) .
A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) .
Maximum penalty—50 penalty units.
It is a reasonable excuse for a person to fail to produce a document, other than a document required to be kept by the person under this Act, if producing the document might tend to incriminate the person.
An investigator may examine the document and—
make copies of, or take extracts from, the document; or
if the investigator considers, on reasonable grounds, it is necessary to remove the document to examine or copy it—remove the document from the person’s possession or control.
Subsection (7) applies if a document removed under subsection (5) is—
a record made and kept under section 217 ; or
an accounting record or other record about a business conducted under authority of a licence.
The investigator must permit, at all reasonable times, a person who, if the record had not been removed, would be entitled to inspect the record or make additions to the record to—
inspect the record; and
make additions to the record.
An investigator who has removed a document under subsection (5) must, as soon as is practicable after the removal—
examine and, if the investigator considers it necessary, copy the document; and
return the document to the person from whom it was removed.
s 183AA ins 2016 No. 4 s 57
(sec.183AA-ssec.1) An investigator may require a person, by written notice given to the person, to produce to the investigator, at a reasonable time and place stated in the notice, any documents the investigator believes, on reasonable grounds— the person has possession or control of; and are relevant to the administration or enforcement of this Act.
(sec.183AA-ssec.2) An investigator may require the person to give the investigator reasonable assistance in relation to the exercise of the power mentioned in subsection (1) .
(sec.183AA-ssec.3) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) . Maximum penalty—50 penalty units.
(sec.183AA-ssec.4) It is a reasonable excuse for a person to fail to produce a document, other than a document required to be kept by the person under this Act, if producing the document might tend to incriminate the person.
(sec.183AA-ssec.5) An investigator may examine the document and— make copies of, or take extracts from, the document; or if the investigator considers, on reasonable grounds, it is necessary to remove the document to examine or copy it—remove the document from the person’s possession or control.
(sec.183AA-ssec.6) Subsection (7) applies if a document removed under subsection (5) is— a record made and kept under section 217 ; or an accounting record or other record about a business conducted under authority of a licence.
(sec.183AA-ssec.7) The investigator must permit, at all reasonable times, a person who, if the record had not been removed, would be entitled to inspect the record or make additions to the record to— inspect the record; and make additions to the record.
(sec.183AA-ssec.8) An investigator who has removed a document under subsection (5) must, as soon as is practicable after the removal— examine and, if the investigator considers it necessary, copy the document; and return the document to the person from whom it was removed.
- (a) the person has possession or control of; and
- (b) are relevant to the administration or enforcement of this Act.
- (a) make copies of, or take extracts from, the document; or
- (b) if the investigator considers, on reasonable grounds, it is necessary to remove the document to examine or copy it—remove the document from the person’s possession or control.
- (a) a record made and kept under section 217 ; or
- (b) an accounting record or other record about a business conducted under authority of a licence.
- (a) inspect the record; and
- (b) make additions to the record.
- (a) examine and, if the investigator considers it necessary, copy the document; and
- (b) return the document to the person from whom it was removed.