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HEALTH COMPLAINTS ACT 1993 (NO. 96 OF 1993) - SECT 45

Power to obtain information and documents

45. (1) Where the Commissioner has reason to believe that a person is capable of providing information or producing a document or other record relevant to the subject matter of an investigation, the Commissioner may, by notice in writing served on the person, require the person, at such place and within such period of time or on such day and at such time, as are specified in the notice—

        (a)     to provide to the Commissioner, by writing signed by that person or, in the case of a body corporate, by an officer of the body corporate, any such information;

        (b)     to produce to the Commissioner such document or other record as is specified in the notice; or

        (c)     to provide to the Commissioner any such information and to produce to the Commissioner such document or other record as is specified in the notice.

(2) Where the Commissioner has reason to believe that a person is able to give information relevant to an investigation, the Commissioner may, by notice in writing served on the person, require the person to attend before a person specified in the notice, on such day and at such time and place as are specified in the notice, to answer questions relevant to the investigation.

(3) Where a document or other record is produced in accordance with a requirement under this section, the Commissioner—

        (a)     may take possession of, make copies of, or take extracts from, the document or record;

        (b)     may retain possession of the document or record for such period not exceeding 2 months as is necessary for the purposes of the investigation to which it relates; and

        (c)     during that period shall permit a person who would be entitled to inspect or make copies of the document or record if it were not in the possession of the Commissioner, to do so at all reasonable times.

(4) This section has effect subject to Division 2 of Part III of the Health Act 1993 .



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