Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 145

145 Power to require information or document for council investigation

(1) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that—

(a) either or both of the following apply—

(i) information included in a register or record of the council is incorrect because of an error or omission;

(ii) an offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and

(b) a person—

(i) is able to give information about the error, omission or offence; or

(ii) holds a document relating to the error, omission or offence.

(2) The chief executive officer or, if directed by the chief executive officer, an authorised person may require the person to give the information or produce the document.

(3) When making the requirement, the chief executive officer or authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.

(4) The person must comply with the requirement unless the person has a reasonable excuse.

Penalty—

Maximum penalty—40 penalty units.

(5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.

(6) It is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or authorised person is not relevant to the error, omission or offence.

(7) If the person produces the document to the chief executive officer or authorised person, the chief executive or authorised person—

(a) may keep the document to take an extract from it or make a copy of it; and

(b) must return the document to the person as soon as practicable after taking the extract or making the copy.