sec.45Powers of investigator

sec.45 Powers of investigator

An investigator may, if it is reasonably necessary for the purposes of the investigation concerned, by written notice given to a person, require the person— to attend before the investigator, at a reasonable time and place specified in the notice, and there and then answer any questions; and to produce to the investigator, at a reasonable time and place specified in the notice, a document or thing in the person’s custody or under the person’s control. If the document or thing is produced to the investigator, the investigator may— examine the document or thing; and make copies of, or take extracts from the document or photograph the thing; and if the investigator reasonably considers it necessary to do so—keep the document or thing for 60 days or, if a prosecution for an offence against this Act of which the document or thing may afford evidence is instituted within that period, until the completion of the proceeding for the offence and of any appeal from the decision in relation to the proceeding. While the investigator has possession of the document the investigator must allow it to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the investigator’s possession. A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) to the extent that the person is capable of doing so commits an offence. Maximum penalty—20 penalty units. It is a reasonable excuse for a person to fail to comply with a requirement under subsection (1) if complying with the requirement might tend to incriminate the person. s 45 amd 1992 No. 64 s 3 sch 1 (sec.45-ssec.1) An investigator may, if it is reasonably necessary for the purposes of the investigation concerned, by written notice given to a person, require the person— to attend before the investigator, at a reasonable time and place specified in the notice, and there and then answer any questions; and to produce to the investigator, at a reasonable time and place specified in the notice, a document or thing in the person’s custody or under the person’s control. (sec.45-ssec.2) If the document or thing is produced to the investigator, the investigator may— examine the document or thing; and make copies of, or take extracts from the document or photograph the thing; and if the investigator reasonably considers it necessary to do so—keep the document or thing for 60 days or, if a prosecution for an offence against this Act of which the document or thing may afford evidence is instituted within that period, until the completion of the proceeding for the offence and of any appeal from the decision in relation to the proceeding. (sec.45-ssec.3) While the investigator has possession of the document the investigator must allow it to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the investigator’s possession. (sec.45-ssec.4) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) to the extent that the person is capable of doing so commits an offence. Maximum penalty—20 penalty units. (sec.45-ssec.5) It is a reasonable excuse for a person to fail to comply with a requirement under subsection (1) if complying with the requirement might tend to incriminate the person.