Western Australian Current Acts Western Australian Current Acts (1) For the purpose of
carrying out an investigation under section 14A(1)(b) or (ea), the
Commissioner may do any of the following —
(a)
request a person to produce to the Commissioner any document or thing
specified, or of a kind specified, in the request that the Commissioner
considers relates to the investigation;
(b)
request a person to give to the Commissioner any information specified, or of
a kind specified, in the request that the Commissioner considers relates to
the investigation;
(c) keep
any document or thing produced for the purpose of taking an extract from, or
making a copy of, the document or thing.
(2) If the
Commissioner keeps a document or thing under subsection (1)(c), the
Commissioner must return the document or thing as soon as practicable after
taking the extract or making the copy, and, in any event, within 7 business
days of the document or thing being produced to the Commissioner.
(3) In subsection (2)
—
business day means a day other than —
(a) a
Saturday or Sunday; or
(b) a
public holiday throughout the State.
(4) A request under
subsection (1) —
(a) may
be made orally or in writing; and
(b) must
specify the time within which the document, thing or information requested
must be produced or given to the Commissioner; and
(c) may
require that the document, thing or information be verified by statutory
declaration when produced or given.
(5) A person must not,
without reasonable excuse, fail to comply with a request made of the person
under subsection (1).
Penalty for this subsection: a fine of $20 000.
(6) A person of whom
the Commissioner has made a request under subsection (1) must not produce a
document or thing, or give information, that —
(a) the
person knows is false or misleading in a material particular; or
(b)
omits anything without which the document, thing or information is, to the
person’s knowledge, misleading in a material particular.
Penalty for this subsection: a fine of $20 000.
(7) A person of whom
the Commissioner has made a request under subsection (1) must not alter,
suppress or destroy any document or thing that the person is requested to
produce.
Penalty for this subsection: a fine of $20 000.
(8) A prosecution for
an offence against this section may not be commenced without the authorisation
of the Commissioner.
[Section 14BA inserted: No. 12 of 2020 s. 6.]