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Public Sector Employment and Management Act 1993
15Commissioner's investigatory powers
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15 Commissioner's investigatory powers
(1) For carrying out functions under this Act, the Commissioner may do
one or more of the following:
(a) at a reasonable time enter and inspect premises occupied by
an Agency (other than any part of a premises used as a
residence);
(b) obtain relevant information from persons as, and in the way,
the Commissioner considers appropriate;
(c) consult with persons as the Commissioner considers
(d) make inquiries as the Commissioner considers appropriate.
Public Sector Employment and Management Act 1993 13
(2) Without limiting subsection (1)(b), the Commissioner may require a
person to do one or more of the following:
(a) appear before the Commissioner;
(b) give information to the Commissioner, on oath or otherwise;
(c) produce information or documents to the Commissioner;
(d) verify information or a document by statutory declaration.
(3) A person appearing before the Commissioner may be represented
by a legal practitioner or agent only with the leave of the
(4) A person must comply with a requirement under subsection (2).
Maximum penalty: 43 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(6) It is a defence to a prosecution for an offence against
subsection (4) if the person establishes a reasonable excuse.
(7) Without limiting subsection (6), it is a reasonable excuse if
complying with the requirement might tend to incriminate the
person.