South Australian Current Acts

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ENVIRONMENT PROTECTION ACT 1993 - SECT 96

96—Information discovery orders

        (1)         The Authority or another administering agency may issue an information discovery order under this Division for the purpose of obtaining information reasonably required by the Authority or other administering agency (as the case may be) for the administration or enforcement of this Act.

        (2)         An information discovery order may be issued to any person who the Authority or other administering agency reasonably suspects has knowledge of matters, or has possession or control of a document dealing with matters, in respect of which information is required by the Authority or other administering agency.

        (3)         An information discovery order

            (a)         must be in the form of a written notice served on the person to whom it is issued;

            (b)         must specify the person to whom it is issued (whether by name or a description sufficient to identify the person);

            (c)         may require information, as specified in the order, to be furnished to the Authority or other administering agency in such manner and within such period as is specified in the order;

            (d)         must state the purpose for which the information is required;

            (e)         must state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order.

        (4)         Where an information discovery order has been issued to a person by the Authority or another administering agency, the Authority or other administering agency (as the case may be) may, by written notice served on the person, vary or revoke the order.

        (5)         A person to whom an information discovery order is issued must comply with the order.

Maximum penalty: $8 000.



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