South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 262U

262U—Powers relating to inquiries

        (1)         The Panel or an investigator conducting an inquiry under this Division may, in connection with the inquiry—

            (a)         by summons signed by the Panel or investigator (as the case requires), require a person's attendance; and

            (b)         require a person to answer, orally or in writing, questions to the best of their knowledge, information and belief; and

            (c)         require a person to verify an answer under paragraph (b) by declaration; and

            (d)         require a council or person to produce any relevant documents or other records; and

            (e)         retain documents or other records produced under paragraph (d) for reasonable periods and make copies of them or their contents; and

            (f)         call for or receive submissions or representations.

        (2)         Subject to subsection (3), a person or council must not refuse or fail to comply with a requirement under subsection (1).

Maximum penalty: $10 000.

        (3)         A person is not obliged to comply with a requirement under subsection (1) if to do so might incriminate the person of an offence, and a person or a council is not required to provide information under subsection (1) that is privileged on the ground of legal professional privilege.

        (4)         In the exercise or performance of a power or function under this Subdivision, the Panel

            (a)         must proceed with as little formality and technicality and with as much expedition as the requirements of this or any other Act and a proper consideration of the matter permit; and

            (b)         is not bound by rules of evidence but may inform itself of any matter in any manner that the Panel considers appropriate.



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