QLDIn ForceAct
Liquor Act 1992
sec.218Powers of examination by investigator
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### sec.218 Powers of examination by investigator
This section applies to—
a licensee or a former licensee; and
if a licensee is, or former licensee was, a corporation—the directors and shareholders, and former directors and shareholders, of the corporation.
An investigator may, on reasonable notice, require a person to whom this section applies—
to produce to the investigator, at a reasonable place stated in the notice, the following records of which the person has control—
a record made and kept under section 217 ;
an accounting record or other record about the business conducted under authority of the licence; and
to permit the investigator to examine the record and—
to make copies of, or take extracts from, the record; or
if the investigator considers, on reasonable grounds, that it is necessary to remove the record to examine or copy it—to remove the record from the person’s control.
A person must comply with a requirement under subsection (2) unless the person has a reasonable excuse.
Maximum penalty—25 penalty units.
While an investigator has custody or control of a record removed under subsection (2) —
section 217 (2) (c) is taken to be complied with; and
the investigator must permit, at all reasonable times—
inspection of the record; and
the making of additions to the record;
by a person who, if the record had not been removed, would be entitled to inspect the record or make the additions.
The investigator who has removed a record under subsection (2) must, as soon as is practicable after the removal—
examine, and if the investigator considers it necessary, copy the record; and
return it to the person from whom it was removed.
s 218 sub 1994 No. 59 s 75
amd 2001 No. 39 s 107
(sec.218-ssec.1) This section applies to— a licensee or a former licensee; and if a licensee is, or former licensee was, a corporation—the directors and shareholders, and former directors and shareholders, of the corporation.
(sec.218-ssec.2) An investigator may, on reasonable notice, require a person to whom this section applies— to produce to the investigator, at a reasonable place stated in the notice, the following records of which the person has control— a record made and kept under section 217 ; an accounting record or other record about the business conducted under authority of the licence; and to permit the investigator to examine the record and— to make copies of, or take extracts from, the record; or if the investigator considers, on reasonable grounds, that it is necessary to remove the record to examine or copy it—to remove the record from the person’s control.
(sec.218-ssec.3) A person must comply with a requirement under subsection (2) unless the person has a reasonable excuse. Maximum penalty—25 penalty units.
(sec.218-ssec.4) While an investigator has custody or control of a record removed under subsection (2) — section 217 (2) (c) is taken to be complied with; and the investigator must permit, at all reasonable times— inspection of the record; and the making of additions to the record; by a person who, if the record had not been removed, would be entitled to inspect the record or make the additions.
(sec.218-ssec.5) The investigator who has removed a record under subsection (2) must, as soon as is practicable after the removal— examine, and if the investigator considers it necessary, copy the record; and return it to the person from whom it was removed.
- (a) a licensee or a former licensee; and
- (b) if a licensee is, or former licensee was, a corporation—the directors and shareholders, and former directors and shareholders, of the corporation.
- (a) to produce to the investigator, at a reasonable place stated in the notice, the following records of which the person has control— (i) a record made and kept under section 217 ; (ii) an accounting record or other record about the business conducted under authority of the licence; and
- (i) a record made and kept under section 217 ;
- (ii) an accounting record or other record about the business conducted under authority of the licence; and
- (b) to permit the investigator to examine the record and— (i) to make copies of, or take extracts from, the record; or (ii) if the investigator considers, on reasonable grounds, that it is necessary to remove the record to examine or copy it—to remove the record from the person’s control.
- (i) to make copies of, or take extracts from, the record; or
- (ii) if the investigator considers, on reasonable grounds, that it is necessary to remove the record to examine or copy it—to remove the record from the person’s control.
- (i) a record made and kept under section 217 ;
- (ii) an accounting record or other record about the business conducted under authority of the licence; and
- (i) to make copies of, or take extracts from, the record; or
- (ii) if the investigator considers, on reasonable grounds, that it is necessary to remove the record to examine or copy it—to remove the record from the person’s control.
- (a) section 217 (2) (c) is taken to be complied with; and
- (b) the investigator must permit, at all reasonable times— (i) inspection of the record; and (ii) the making of additions to the record; by a person who, if the record had not been removed, would be entitled to inspect the record or make the additions.
- (i) inspection of the record; and
- (ii) the making of additions to the record;
- (i) inspection of the record; and
- (ii) the making of additions to the record;
- (a) examine, and if the investigator considers it necessary, copy the record; and
- (b) return it to the person from whom it was removed.