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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 December 2015 to 26 January 2016 (accessed 27 January 2020 at 23:27) Current version
Part 6 Division 1C Subdivision 3
Subdivision 3 Powers to obtain information
119J   Requirement to provide information and records
(1)  An investigation officer may, by notice in writing given to a person, require the person to furnish to the officer such information or records (or both) as the notice requires in connection with an investigation purpose.
(2)  The notice must specify the manner in which information or records are required to be furnished and a reasonable time by which the information or records are required to be furnished.
(3)  The notice may only require a person to furnish existing records that are in the person’s possession or that are within the person’s power to obtain lawfully.
(4)  The person to whom any record is furnished under this section may take copies of it.
(5)  If any record required to be furnished is in electronic, mechanical or other form, the notice requires the record to be furnished in written form, unless the notice otherwise provides.
(6)  An investigation officer may exercise a power under this section whether or not a power of entry is being or has been exercised.
119K   Power of investigation officers to require answers and record evidence
(1)  An investigation officer may require a person to answer questions in relation to a matter connected with an investigation purpose if the officer suspects on reasonable grounds:
(a)  that it is necessary to require information about the matter for that purpose, and
(b)  that the person has knowledge of the matter.
(2)  The investigation authority may require a corporation to nominate a director or officer of the corporation who is authorised to represent the corporation for the purposes of answering questions under this section.
(3)  An investigation officer may, by notice in writing, require a person to attend at a specified place and time to answer questions under this section if attendance at that place is reasonably required in order that the questions can be properly put and answered.
(4)  The place and time at which a person may be required to attend is to be:
(a)  a place or time nominated by the person, or
(b)  if the place and time nominated is not reasonable in the circumstances or a place and time is not nominated by the person, a place and time nominated by the investigation officer that is reasonable in the circumstances.
(5)  An investigation officer may exercise a power under this section whether or not a power of entry is being or has been exercised.
119L   Recording of evidence
(1)  An investigation officer may cause any questions and answers to questions given under this Division to be recorded if the officer has informed the person who is to be questioned that the record is to be made.
(2)  A record may be made using sound recording apparatus or audio visual apparatus, or any other method determined by the investigation officer.
(3)  A copy of any such record must be provided by the investigation officer to the person who is questioned as soon as practicable after it is made.
(4)  A record may be made under this section despite the provisions of any other law.