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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 238AA
Power to obtain information, documents and evidence
238AA Power to obtain information, documents and evidence
(1) An inspector may, by notice in writing served on a person who is, on
reasonable grounds, believed by the inspector to be capable of giving
information, producing documents or giving evidence in relation to a possible
contravention of this Act or the 1987 Act or the regulations under those Acts
require the person to do any one or more of the following things-- (a) to give
an inspector, by writing signed by the person (or, in the case of a body
corporate, by a competent officer of the body corporate) and within the time
and in the manner specified in the notice, any such information of which the
person has knowledge,
(b) to produce to an inspector, in accordance with the
notice, any such documents,
(c) to appear before an inspector at a time and
place specified in the notice and give either orally or in writing any such
evidence and produce any such documents.
(2) A notice under this section must
contain a warning that a failure to comply with the notice is an offence.
(3)
An inspector may inspect a document produced in response to a notice under
this section and may make copies of, or take extracts from, the document.
(4)
An inspector may take possession and retain possession for as long as is
necessary for the purposes of this Act, of a document produced in response to
a notice under this section if the person otherwise entitled to possession of
the document is supplied, as soon as practicable, with a copy certified by an
inspector to be a true copy.
(5) A certified copy provided under subsection
(4) is receivable in all courts as if it were the original.
(6) Until a
certified copy of a document is provided under subsection (4), the inspector
who has possession of the document must, at such times and places as the
inspector thinks appropriate, permit the person otherwise entitled to
possession of the document, or a person authorised by that person, to inspect
the document and make copies of, or take extracts from, the document.
(7) In
this section--
"inspector" means-- (a) a member of staff of the Authority who is authorised
by the Authority for the purposes of this section, or
(b) any person
authorised for the purposes of this section by a person or body prescribed by
the regulations.
(8) A person must not-- (a) without reasonable excuse,
refuse or fail to comply with a requirement under this section, or
(b) in
purported compliance with a requirement under this section, give information
or evidence or produce a document knowing it to be false or misleading in a
material particular.
: Maximum penalty--100 penalty units.
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