18Conduct of investigations

18 Conduct of investigations

(1)  In conducting an investigation under this Division, the Commissioner, by notice given to a person, may require or direct the person to do all or any of the following:

(a) to provide the Commissioner or any person assisting the Commissioner with any information or explanation that the Commissioner requires;

(b) to produce to the Commissioner or any person assisting the Commissioner any record, information, material or thing in the custody or possession or under the control of a person.

(2)  A person who, without reasonable excuse, fails to comply with a requirement or direction under subsection (1) within 14 days of receiving it commits an offence.

Penalty:  Fine not exceeding 50 penalty units.

(3)  For the purpose of obtaining any record, information, material or thing under subsection (1) , the Commissioner may –

(a) inspect and take copies of or take extracts from any such record, information, material or thing; and

(b) require or direct any person to give such assistance as may be required.

(4)  Any record, information, material or thing obtained by the Commissioner may be used for the purposes of the investigation or any subsequent inquiry under Division 4 .

(5)  For the avoidance of doubt, the Commissioner may exercise a power under this section in respect of a person, regardless of whether –

(a) the person is in Tasmania or elsewhere; or

(b) compliance with a requirement under this section requires information, or documents, that are in Tasmania or elsewhere.

(6)  A person complying with a requirement or direction of the Commissioner under this section cannot, by virtue of complying with that requirement or direction –

(a) be held to have breached any code of professional etiquette or ethics; or

(b) be taken to have departed from acceptable standards of professional conduct; or