97Powers of investigation

97 Powers of investigation

(1)  In this section –

specified means specified in a notice under subsection (2) .

(2)  For the purposes of an investigation, the Board may give a written notice to a property agent, whose conduct is the subject of a conduct complaint, that requires the property agent to take the following actions:

(a) provide the Board with written information of a specified type, on or before a specified date, that is verified by statutory declaration;

(b) produce, at a specified time and specified place, a specified document, or a copy of the document;

(c) to otherwise assist or cooperate with the Board in the investigation of the complaint in a specified manner.

(3)  If a document is produced to the Board in accordance with this section, the Board may inspect it, make copies of it or any part of it and retain it for so long as may be necessary to investigate the complaint.

(4)  A property agent has no right to refuse to comply with a notice mentioned in subsection (2) on the grounds that to comply with the notice –

(a) would affect a lien the agent has over a document; or

(b) would involve a breach of confidence.

(5)  A property agent who, when required to take all or any action mentioned in subsection (2) , fails to take all or any of those actions or who provides written information or a document that is false or misleading in a material particular is guilty of professional misconduct.

(6)  The Board may, during the course of an investigation, serve more than one notice on a property agent under subsection (2) .