South Australian Current Acts South Australian Current Acts171—Power to require production of documents and answers to questions
(1) An inspector who
enters a workplace under this Division may—
(a)
require a person to tell the inspector who has custody of, or access to, a
document; or
(b)
require a person who has custody of, or access to, a document to produce that
document to the inspector while the inspector is at that workplace or within a
specified period; or
(c)
require a person at the workplace to answer any questions put by the
inspector, subject to the operation of section 172.
(2) A requirement
under subsection (1)(b) must be made by written notice unless the
circumstances require the inspector to have immediate access to the document.
(3) An interview
conducted by an inspector under subsection (1)(c) must be conducted in
private if—
(a) the
inspector considers it appropriate; or
(b) the
person being interviewed so requests.
(4) Subsection (3)
does not limit the operation of section 166 or prevent a representative
of the person being interviewed from being present at the interview.
(5) Subsection (3) may
be invoked during an interview by—
(a) the
inspector; or
(b) the
person being interviewed,
in which case the subsection applies to the remainder of the interview.
(6) A person must not,
without reasonable excuse, refuse or fail to comply with a requirement under
this section.
Maximum penalty:
(a) in
the case of an individual—$10 000;
(b) in
the case of a body corporate—$50 000.
Note—
See sections 172 and 173 in relation to self-incrimination and
section 269 in relation to legal professional privilege.
(7) Subsection (6)
places an evidential burden on the accused to show a reasonable excuse.