AustLII Tasmanian Numbered Acts

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INTEGRITY COMMISSION ACT 2009 (NO. 67 OF 2009) - SECT 74

Powers of inquiry officer while on premises

(1)  An inquiry officer who enters premises under this Part may exercise any or all of the following powers:
(a) search the premises and examine anything on the premises;
(b) search for any record, information, material or thing relating to the matter to which the inquiry relates;
(c) operate equipment or facilities on the premises for a purpose relevant to the inquiry;
(d) take possession of any record, information, material or thing and retain it for as long as may be necessary to examine it to determine its evidentiary value;
(e) make copies of any record, information, material or thing or any part of any record, information, material or thing;
(f) seize and take away any record, information, material or thing or any part of any record, information, material or thing;
(g) use (free of charge) photocopying equipment on the premises for the purpose of copying any record, information, material or thing;
(h) in respect of any computer or other equipment that the investigator suspects on reasonable grounds may contain any record, information, material or thing –
(i) inspect and gain access to the computer or equipment; and
(ii) download or otherwise obtain any record, information, material or thing; and
(iii) make copies of any record, information, material or thing held in it; and
(iv) seize and take away the computer or equipment or any part of it;
(i) if any record, information, material or thing found on the premises cannot be conveniently removed, secure it against interference;
(j) require or direct any person who is on the premises to do any or all of the following:
(i) to state his or her full name, date of birth and address;
(ii) to answer (orally or in writing) questions asked by the inquiry officer relevant to the inquiry;
(iii) to produce any record, information, material or thing;
(iv) to operate equipment or facilities on the premises for a purpose relevant to the inquiry;
(v) to provide access (free of charge) to photocopying equipment on the premises the inquiry officer reasonably requires to enable the copying of any record, information, material or thing;
(vi) to give other assistance the inquiry officer reasonably requires to conduct the inquiry;
(k) do anything else reasonably necessary to obtain information or evidence for the purposes of the inquiry.
(2)  Any record, information, material or thing obtained by the inquiry officer may be used for the purposes of the inquiry.
(3)  If an inquiry officer takes anything away from the premises, the inquiry officer must issue a receipt in a form approved by the Integrity Commission and –
(a) if the occupier or a person apparently responsible to the occupier is present, give it to him or her; or
(b) otherwise, leave it on the premises in an envelope addressed to the occupier.
(4)  An inquiry officer and any assistants authorised to enter premises under a search warrant may use such force as is reasonably necessary for the purpose of entering the premises and conducting the search.
(5)  A person required or directed to do anything under subsection (1)(j) must not, without reasonable excuse, fail to comply with the request.
Penalty:  Fine not exceeding 2 000 penalty units.



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