New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Powers of entry and inspection by investigation officers

10.28 Powers of entry and inspection by investigation officers

(cf s 182 MACA)

(1) An investigation officer may do any or all of the following--
(a) enter at any reasonable hour any premises used, or that the investigation officer reasonably suspects to be used, by an insurer for conduct of the insurer's business or the storage or custody of any document,
(b) remain in or on those premises while exercising any power conferred by this section,
(c) require an insurer or any other person in or on those premises to produce any such document that is in his or her possession or under his or her control and is capable of being produced,
(d) require an insurer or any other person having possession or control of any such document that is not written, or is not written in the English language, or is not decipherable on sight, to produce a statement, written in the English language and decipherable on sight, of the information contained in the document,
(e) inspect, or make copies of or take extracts from, a document produced pursuant to paragraph (c) or a statement produced pursuant to paragraph (d), or retain such a statement,
(f) require an insurer or any other person in or on those premises to answer questions relating to--
(i) the business or financial position of an insurer, or
(ii) the observance of this Act or the regulations,
(g) seize anything that the investigation officer has reasonable grounds for believing is connected with an offence against this Act or the regulations.
(2) The power to seize anything connected with an offence includes a power to seize--
(a) a thing with respect to which the offence has been committed, and
(b) a thing that will afford evidence of the commission of the offence, and
(c) a thing that was used for the purpose of committing the offence.
A reference to any such offence includes a reference to an offence that there are reasonable grounds for believing has been committed.
(3) A person must not--
(a) refuse or fail to allow an investigation officer to enter premises under this section, or
(b) wilfully obstruct or delay an investigation officer when exercising any powers under this section, or
(c) unreasonably refuse or fail to produce a document or statement to an investigation officer under this section, or
(d) if an investigation officer informs a person that by virtue of this Act the person is obliged to answer questions relating to any matter referred to in subsection (1) (f)--
(i) refuse or fail to answer such a question, or
(ii) give an answer to such a question that the person knows is false or misleading in a material particular.
: Maximum penalty--100 penalty units.
(4) The powers of entry conferred by this section are not exercisable in relation to any part of premises used only for residential purposes except--
(a) with the permission of the occupier of the premises, or
(b) under the authority conferred by a search warrant.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback