Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
Division 1 Power to require information and documents
85 Power to require information and documents
(1) The Secretary may, by notice in writing served on any person, require the person to do either or both of the following within such time as is specified in the notice:(a) to furnish the Secretary with such information as the person possesses in connection with the affairs of an association,(b) to produce to the Secretary such documents as the person possesses in connection with the affairs of an association.(2) A person must not fail to comply with a requirement under this section.Maximum penalty: 60 penalty units.Note.The furnishing of false or misleading information and the production of false or misleading documents are offences under Part 5A of the Crimes Act 1900.(3) A person is not excused from furnishing information or producing a document pursuant to a requirement under this section on the ground that to do so may tend to incriminate the person, but any information so furnished or document so produced is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under Part 5A of the Crimes Act 1900.
86 Power to enter premises
(1) An authorised officer:(a) may enter any premises at which an association carries on any activity, andfor the purpose of ascertaining whether the provisions of this Act are being complied with.(b) may inspect, and take copies of or extracts from, any document that relates to the carrying on of business at or from the premises,(2) The power of entry conferred by subsection (1) may not be exercised:(a) in relation to any part of premises that is used for residential purposes, orexcept with the consent of the occupier of the premises.(b) outside the hours during which business is being carried on at or from the premises,
87 Search warrants
(1) An authorised officer under this Act may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for the issue of a search warrant if the authorised officer under this Act believes on reasonable grounds that a provision of this Act or the regulations is being or has been contravened at any premises.(2) An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a named authorised officer under this Act to enter the premises and to exercise any of the authorised officer’s functions under this Part.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
88 Manner in which power of entry to be exercised
(1) The powers conferred on an authorised officer by this Division may not be exercised in relation to any premises unless:(a) the officer is in possession of a certificate of authority, issued in accordance with the regulations, that evidences his or her authority to exercise those powers, and(b) the occupier of the premises has been given at least 24 hours’ notice that those powers are to be exercised or the Secretary has given prior authority for the exercise of those powers without the need for such notice.(2) Authority under subsection (1) (b) may only be given if the Secretary is satisfied, in the circumstances of the case, that the giving of 24 hours’ notice would frustrate the purpose for which the powers are to be exercised.(3) Reasonable force may be used for the purpose of effecting entry under this Division.
89 Damage to be minimised
(1) In exercising the powers conferred by this Division, an authorised officer must do as little damage as possible.(2) The Secretary must compensate all interested parties for any damage caused by an authorised officer as a consequence of the exercise of the powers conferred by this Division.(3) Subsection (2) does not apply to the extent to which the occupier of the premises has obstructed or hindered the authorised officer in the exercise of the powers conferred by this Division.