48Powers of Tribunal to require production

48 Powers of Tribunal to require production

(1)  [Section 48 Subsection (1) amended by No. 18 of 2021, s. 316, Applied:05 Nov 2021] Where –

(a) an enduring power of attorney or other instrument relating to such a power is not required to be registered under this Act; and

(b) the power or instrument is in force under this Part –

the Tribunal may –

(c) [Section 48 Subsection (1) amended by No. 18 of 2021, s. 316, Applied:05 Nov 2021] require a person who has the custody, possession or control of the relevant document or a copy of it to produce it to the Tribunal; and

(d) retain an instrument, whether produced under this subsection or otherwise, until it is no longer required for action in connection with this or any other Act.

(2)  [Section 48 Subsection (2) amended by No. 18 of 2021, s. 316, Applied:05 Nov 2021] The Tribunal may exercise its powers under this section if it appears that the powers conferred by the power of attorney may be exercised in Tasmania, whether or not they have been so exercised.

(3)  A person who refuses or neglects to produce a document as required under subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.