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Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Current version for 7 July 2017 to date (accessed 15 December 2017 at 05:37)
Part 4 Division 3 Subdivision 2
Subdivision 2 Investigation powers
69   Definition—person involved in management of authorised boarding house
In this Subdivision, a person involved in the management of an authorised boarding house means:
(a)  a person who is (or was formerly) an authorised operator of the boarding house, or
(b)  a person who is (or was formerly) an approved manager of the boarding house, or
(c)  a person who is (or was formerly) a staff member of an authorised operator or otherwise engaged to provide or assist in providing services at the boarding house, or
(d)  if the authorised operator (or former authorised operator) of the boarding house was a corporation or body politic—a person who is (or was formerly) involved in the control or management of the authorised operator (such as a director, chief executive officer or majority shareholder), or
(e)  a person who is (or was formerly) a partner, or a member of a management committee or other office holder of, an unincorporated body involved in the management or operation of the boarding house, or
(f)  a person who is, or was formerly, a trustee of a trust involved in the management or operation of the boarding house, or
(g)  any other person (or a person belonging to a class) prescribed by the regulations.
70   Power to require provision of documents
(1)  The Secretary may, by notice served on a person involved in the management of an authorised boarding house, require the person to provide to the Secretary such relevant documents as the Secretary specifies in the notice.
(2)  The following documents are relevant documents:
(a)  any record that a person is required to keep by or under this Part (including under the regulations for this Part),
(b)  such other documents as the Secretary reasonably requires for the purposes of the administration or enforcement of this Part.
(3)  A notice under this section must specify the manner in which the documents are required to be provided and a reasonable time by which the documents are required to be provided.
(4)  A notice under this section may only require a person to provide existing documents that are in the person’s possession or that are within the person’s power to obtain lawfully.
(5)  If any document required to be provided under this section is in electronic, mechanical or other form, the notice requires the document to be provided in written form, unless the notice otherwise provides.
(6)  If any document required to be provided under this section is not in the English language, the notice is taken to require a written translation of its content to be provided with the document, unless the notice otherwise provides.
(7)  The Secretary may take copies of any documents provided under this section.
(8)  If the Secretary has reason to believe that any documents provided under this section are evidence of an offence against this Part or the regulations for this Part, the Secretary may retain the documents until proceedings for the offence have been heard and determined.
71   Power to require answers to questions
(1)  The Secretary may, by notice served on a person involved in the management of an authorised boarding house, require the person to answer questions about any matters in respect of which information is required for the administration or enforcement of this Part.
(2)  The Secretary may, by notice, require a corporation to nominate, in writing within the time specified in the notice, a director or officer of the corporation to be the corporation’s representative for the purpose of answering questions under this section.
(3)  Answers given by a person nominated by the corporation are taken to have been given by the corporation.
(4)  The Secretary may, by notice, 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.
(5)  The place and time at which a person may be required to attend to answer questions under this section is to be:
(a)  a place or time nominated by the person, or
(b)  if the place or time nominated is not reasonable in the circumstances or a place or time is not nominated by the person, a place and time nominated by the Secretary that is reasonable in the circumstances.
(6)  In this section, a reference to a corporation includes a reference to a body politic.
72   Functions may be exercised outside this State
(1)  A notice may be given under this Subdivision to a person involved in the management of an authorised boarding house even though the person is outside the State, as long as the activities concerned are or were carried out in this State.
(2)  The Secretary, or a delegate of the Secretary, may attend at a place outside this State for the purpose of obtaining answers to questions asked of a person under this Subdivision.
73   Failure to comply with requirement to provide documents or information or answer questions
A person who, without reasonable excuse, fails to comply with a requirement made of the person under this Subdivision is guilty of an offence.
Maximum penalty:
(a)  in the case of a corporation—40 penalty units and in addition, for a continuing offence, 10 penalty units for each day the offence continues, and
(b)  in any other case—20 penalty units and in addition, for a continuing offence, 5 penalty units for each day the offence continues.
74   Provisions relating to requirements to provide documents or information or answer questions
(1) Warning to be given on each occasion A person is not guilty of an offence of failing to comply with a requirement under this Subdivision to provide documents or information or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.
(2) Self-incrimination not an excuse A person is not excused from a requirement under this Subdivision to provide documents or information or to answer a question on the ground that the document, information or answer might incriminate the person or make the person liable to a penalty.
(3) Information or answer not admissible if objection made However, any information provided or answer given by a natural person in compliance with a requirement under this Subdivision is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence against this Subdivision or section 95) if:
(a)  the person objected at the time to doing so on the ground that it might incriminate the person, or
(b)  the person was not warned on that occasion that the person may object to providing the information or giving the answer on the ground that it might incriminate the person.
(4) Documents admissible Any document provided by a person in compliance with a requirement under this Subdivision is not inadmissible in evidence against the person in criminal proceedings on the ground that the document might incriminate the person.
(5) Further information Further information obtained as a result of a document or information provided or an answer given in compliance with a requirement under this Subdivision is not inadmissible on the ground:
(a)  that the document or information had to be provided or the answer had to be given, or
(b)  that the document or information provided or answer given might incriminate the person.
75   Effect on other functions
(1)  This Subdivision does not affect any functions conferred by any other provision of this Act or by any other Act.
(2)  In particular, this Subdivision does not affect the functions conferred by Subdivision 3.
(3)  This Subdivision does not limit the conditions that can be imposed on a boarding house authorisation or manager approval.