New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 375
Powers of investigator while on premises
375 Powers of investigator while on premises
(1) An investigator who enters premises under this Part may exercise any or
all of the following powers-- (a) search the premises and examine anything on
the premises;
(b) search for any information, document or other material
relating to the matter to which the investigation relates;
(c) operate
equipment or facilities on the premises for a purpose relevant to the
investigation;
(d) take possession of any relevant material and retain it for
as long as may be necessary to examine it to determine its evidentiary value;
(e) make copies of any relevant material or any part of any relevant material;
(f) use (free of charge) photocopying or other equipment on the premises for
the purpose of copying any relevant material;
(g) seize and take away any
relevant material or any part of any relevant material;
(h) with respect to
any computer or other equipment that the investigator suspects on reasonable
grounds may contain any relevant material-- (i) inspect and gain access to a
computer or equipment; and
(ii) download or otherwise obtain any documents or
information; and
(iii) make copies of any documents or information held in
it; and
(iv) seize and take away any computer or equipment or any part of it;
(i) if any relevant material found on the premises cannot be conveniently
removed, secure it against interference;
(j) require any person who is on the
premises to do any of the following-- (i) to state his or her full name, date
of birth and address;
(ii) to answer (orally or in writing) questions asked
by the investigator relevant to the investigation;
(iii) to produce relevant
material;
(iv) to operate equipment or facilities on the premises for a
purpose relevant to the investigation;
(v) to provide access (free of charge)
to photocopying or other equipment on the premises the investigator reasonably
requires to enable the copying of any relevant material;
(vi) to give other
assistance the investigator reasonably requires to carry out the
investigation;
Note: Section 387 provides that a failure to comply with a
requirement under paragraph (j) is an offence, except where entry was obtained
with the occupier's consent. Section 466 contains provisions relating to
compliance with paragraph (j).
(k) do anything else reasonably necessary to
obtain information or evidence for the purposes of the investigation.
(2) Any
documents, information or anything else obtained by the investigator may be
used for the purposes of the investigation.
(3) An investigator may be
accompanied by any assistants the investigator requires, including persons
with accounting expertise and persons to assist in finding and gaining access
to electronically stored information.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback