19Powers of inspectors

##### 19 Powers of inspectors (1) An inspector may, by notice containing the prescribed matters given in the prescribed manner, require a prescribed person: (a) to produce to the inspector such books relating to a matter to which his investigation relates as are in the custody or under the control of that person; (b) to give to the inspector all reasonable assistance in connection with the investigation; and (c) to appear before the inspector for examination on oath or affirmation and to answer questions put to him; and may administer an oath or affirmation to that person. (1A) A notice given pursuant to paragraph (1)(c) shall set out the provisions of subsections (8) and (9). (2) An examination under this section shall, for the purposes of Part III of the Crimes Act 1914, be deemed to be a judicial proceeding. (3) Where books are produced to an inspector under this section, the inspector may take possession of the books for such period as he considers necessary for the purposes of his investigation, and during that period he shall permit a person who would be entitled to inspect any of those books if they were not in the possession of the inspector to inspect at all reasonable times such of those books as that person would be so entitled to inspect. (4) A prescribed person shall not, without reasonable excuse, refuse or fail to comply with a requirement made under subsection (1). Penalty: $10,000 or imprisonment for 2 years, or both. (5) A prescribed person shall not, in purported compliance with a requirement made under subsection (1), furnish information that is false or misleading in a material particular. Penalty: $10,000 or imprisonment for 2 years, or both. (6) A prescribed person shall not, when appearing before an inspector for examination pursuant to a requirement made under subsection (1), make a statement that is false or misleading in a material particular. Penalty: $10,000 or imprisonment for 2 years, or both. (7) A prescribed person shall not, when appearing before an inspector for examination pursuant to a requirement made under subsection (1), refuse or fail to take an oath or make an affirmation. Penalty: $1,000 or imprisonment for 3 months, or both. (8) A duly qualified legal practitioner acting for a prescribed person: (a) may attend an examination of that person; and (b) may, at such times during the examination as the inspector determines: (i) address the inspector; and (ii) examine that person; in relation to matters in respect of which the inspector has questioned that person. (9) A prescribed person is not excused from answering a question put to him by an inspector on the ground that the answer might tend to incriminate him but, where that person claims, before answering the question, that the answer might tend to incriminate him, the answer is not admissible in evidence against him in criminal proceedings other than proceedings under this section or other proceedings in respect of the falsity of the answer. (10) A person who complies with a requirement of an inspector under subsection (1) does not incur a liability to any person by reason only of that compliance. (11) A person who is required to attend for examination under this section is entitled to such allowances and expenses as are prescribed. (12) The Commission may, in its discretion, pay, on account of the costs and expenses incurred by a person in complying with a requirement under subsection (1), such amount as it thinks reasonable. (12A) Where, in the opinion of an inspector, a legal practitioner acting for a prescribed person is attempting to obstruct the examination of the prescribed person by the exercise of the rights conferred on him under subsection (8) to address the inspector or to examine the prescribed person, the inspector may require the legal practitioner to cease to address him or to cease to examine the prescribed person, as the case may be. (12B) Where an inspector makes a requirement of a legal practitioner under subsection (12A), the legal practitioner shall not refuse or fail to comply with that requirement. (13) Where an inspector is satisfied that a prescribed person has failed, without reasonable excuse, to comply with a requirement of the inspector, the inspector may, by writing signed by him, certify the failure to the Court. (14) Where an inspector gives a certificate under subsection (13), the Court may inquire into the case and: (a) order the prescribed person to comply with the requirement of the inspector within such period as is fixed by the Court; or (b) if the Court is satisfied that the prescribed person failed, without reasonable excuse, to comply with the requirement of the inspector, punish him in like manner as if he had been guilty of contempt of the Court and, if it sees fit, also make an order pursuant to paragraph (a). (15) The powers of the Court under this section may be exercised in relation to a person notwithstanding that the person has been convicted of an offence in relation to the matter in respect of which the powers are to be exercised.