Division 3Division 3 Obtaining information, documents and other things
25 Power to obtain information
(cf ICAC Act ss 21, 82; RC (PS) Act s 6)
(1) For the purposes of an investigation, the Commission may, by notice in writing served on a public authority or public official, require the authority or official to produce a statement of information.(2) A notice under this section must specify or describe the information concerned, must fix a time and date for compliance, and must specify the person (being the Commissioner, an Assistant Commissioner or any other officer of the Commission) to whom production is to be made.(3) The notice may provide that the requirement may be satisfied by some other person acting on behalf of the public authority or public official and may, but need not, specify the person or class of persons who may so act.(4) A person must not:(a) without reasonable excuse, fail to comply with a notice served on the person under this section, or(b) in purported compliance with a notice served on the person or some other person under this section, furnish information knowing it to be false or misleading in a material particular.Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
(5) This section does not apply to:(a) the Independent Commission Against Corruption or an officer of the Commission as defined in the Independent Commission Against Corruption Act 1988, or(b) the Ombudsman or an officer of the Ombudsman.
26 Power to obtain documents or other things
(cf ICAC Act ss 22, 83; RC (PS) Act s 7)
(1) For the purposes of an investigation, the Commission may, by notice in writing served on a person (whether or not a public authority or public official), require the person:(a) to attend, at a time and place specified in the notice, before a person (being the Commissioner, an Assistant Commissioner or any other officer of the Commission) specified in the notice, and(b) to produce at that time and place to the person so specified a document or other thing specified in the notice.(2) The notice may provide that the requirement may be satisfied by some other person acting on behalf of the person on whom it was imposed and may, but need not, specify the person or class of persons who may so act.(3) A person must not, without reasonable excuse, refuse or fail to comply with a notice served on the person under this section.Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
(4) This section does not apply to:(a) the Independent Commission Against Corruption or an officer of the Commission as defined in the Independent Commission Against Corruption Act 1988, or(b) the Ombudsman or an officer of the Ombudsman.
27 Privilege as regards information, documents or other things
(cf ICAC Act s 24; RC (PS) Act s 8)
(1) This section applies where, under section 25 or 26, the Commission requires any person:(a) to produce any statement of information, or(b) to produce any document or other thing.(2) The Commission must set aside the requirement if it appears to the Commission that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Commission that the person consents to compliance with the requirement.(3) The person must however comply with the requirement despite:(a) any rule that in proceedings in a court of law might justify an objection to compliance with a like requirement on grounds of public interest, or(b) any privilege of a public authority or public official in that capacity that the authority or official could have claimed in a court of law, or(c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official.
(cf ICAC Act s 26; RC (PS) Act s 9)
(1) This section applies where, under section 25 or 26, the Commission requires any person (other than a body corporate):(a) to produce any statement of information, or(b) to produce any document or other thing.(2) If the statement, document or other thing tends to incriminate the person and the person objects to production at the time, neither the fact of the requirement nor the statement, document or thing itself (if produced) may be used in any proceedings against the person (except proceedings for an offence against this Act).(3) They may however be used for the purposes of the investigation concerned, despite any such objection.
29 Power to enter public premises
(cf ICAC Act ss 23 (1) (3), 25 (2) (3); RC (PS) Act s 10 (1) (3) (4) (5))
(1) For the purposes of an investigation, the Commissioner or an officer of the Commission authorised in writing by the Commissioner may, at any time:(a) enter and inspect any premises occupied or used by a public authority or public official in that capacity, and(b) inspect any document or other thing in or on the premises, and(c) take copies of any document in or on the premises.(2) The public authority or public official must make available to the Commissioner or authorised officer such facilities as are necessary to enable the powers conferred by this section to be exercised.(3) The powers conferred by this section must not be exercised if it appears to the Commissioner or authorised officer that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist inspection of the premises or production of the document or other thing and it does not appear to the Commissioner or authorised officer that the person consents to the inspection or production.(4) The powers may however be exercised despite:(a) any rule of law that, in proceedings in a court of law, might justify an objection to an inspection of the premises or to production of the document or other thing on grounds of public interest, or(b) any privilege of a public authority or public official in that capacity that the authority or official could have claimed in a court of law, or(c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official.(5) This section does not apply to:(a) the Independent Commission Against Corruption or an officer of the Commission as defined in the Independent Commission Against Corruption Act 1988, or(b) the Ombudsman or an officer of the Ombudsman.
(cf ICAC Act ss 27, 28)
(1) The Supreme Court may, on application made by the Commission, grant an injunction restraining any conduct in which a person (whether or not a public authority or public official) is engaging or in which such a person appears likely to engage, if the conduct is the subject of, or affects the subject of, an investigation or proposed investigation by the Commission.(2) The Supreme Court is not to grant an injunction under this section unless it is of the opinion that:(a) the conduct sought to be restrained is likely to impede the conduct of the investigation or proposed investigation, or(b) it is necessary to restrain the conduct in order to prevent irreparable harm being done because of police misconduct or suspected police misconduct, or(c) it is necessary to restrain the conduct in order to prevent irreparable harm being done because of serious corrupt conduct, or suspected serious corrupt conduct, by an administrative officer, or(d) it is necessary to restrain the conduct in order to prevent irreparable harm being done because of misconduct, or suspected misconduct, of a Crime Commission officer.(3) The Commission is not to be required, as a condition for the granting of an injunction under this section, to give any undertakings as to damages.
31 Powers exercisable whether or not hearings being held
(cf ICAC Act s 29)
Powers may be exercised under this Division in relation to an investigation whether or not a hearing before the Commission is being held for the purposes of the investigation.