Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of carrying out any investigation or inquiry in the course of carrying out his
duties under this Act or any other Act, the Commissioner
may —
(a)
require any person —
(i)
to give him such information as he requires;
(ii)
to answer any question put to him,
in relation to any
matter the subject of such investigation or inquiry;
[(b) deleted]
(c)
require the production of any documents relating to any such investigation or
inquiry;
(d)
enter at all reasonable times and search any premises and inspect any
documents that he finds thereon and take samples of any stocks of goods and
inspect any service carried on therein;
(e) make
a copy or abstract of any document produced to, or inspected by, him in
pursuance of this section, or of any entry made therein and in the absence of
proof to the contrary any such copy certified as correct by the Commissioner
shall be received in all courts as evidence of, and of equal validity as, the
original.
(1a) A requirement
made under subsection (1)(a) —
(a) may
be made orally or by notice in writing served on the person required to give
information or answer a question, as the case may be;
(b)
shall specify the time at or within which the information is to be given or
the question is to be answered, as the case may be;
(c) may,
by its terms, require that the information or answer
required —
(i)
be given orally or in writing;
(ii)
be given at or sent or delivered to any place specified
in the requirement;
(iii)
in the case of written information or answers, be sent or
delivered by any means specified in the requirement;
(iv)
be given on oath or affirmation or by statutory
declaration for which purpose the Commissioner may administer an oath or
affirmation and may witness a statutory declaration.
(1b) A requirement
made under subsection (1)(c) —
(a)
shall be made by notice in writing served on the person required to produce a
document;
(b)
shall specify the time at or within which the document is to be produced;
(c) may,
by its terms, require that the document required be
produced —
(i)
at any place specified in the requirement;
(ii)
by any means specified in the requirement.
(1c) Where, under
subsection (1)(a), the Commissioner orally requires a person to give any
information or answer any question, the Commissioner shall inform that person
that he is required under this Act or any other Act to give the information or
answer the question, as the case may be.
(1d) Where under
subsection (1)(a) or (c) a person is required by notice in writing to
give any information, answer any question or produce any document, the notice
shall state that he is required under this Act or any other Act to give the
information, answer the question or produce the document, as the case may be.
(2) Before entering
any premises pursuant to this section the Commissioner or a person authorised
by the Commissioner so to do shall —
(a)
obtain a warrant to do so from a magistrate or justice of the peace which
warrant the magistrate or justice of the peace is authorised to issue upon
being satisfied that the entry is sought in good faith for the purpose of
carrying out any investigation or enquiry under this Act or another Act;
(b)
display to the person, if any, affording him entry —
(i)
in the case of the Commissioner, a document signed by the
Minister and certifying that he is the Commissioner; and
(ii)
in the case of an authorised person, a document signed by
the Commissioner and certifying that that person is an authorised person.
[Section 19 amended by No. 21 of 1975
s. 12; No. 17 of 1988 s. 5; No. 55 of 2004 s. 140;
No. 24 of 2005 s. 63.]