South Australian Current Acts South Australian Current Acts33—Powers of review agency
(1) For the purposes
of carrying out an inspection under this Part, the review agency for an
investigating agency, or a person authorised for the purpose by the
review agency for an investigating agency—
(a) may,
after notifying the chief officer of the agency, enter at any reasonable time
premises occupied by the agency; and
(b) is
entitled to have full and free access at all reasonable times to all records
of the agency; and
(c) is,
despite any other law, entitled to make copies of, and to take extracts from,
records of the agency; and
(d) may
require a person to whom this Part applies to give the review agency or
authorised person such information as the review agency considers necessary,
being information that is in the person's possession, or to which the person
has access, and that is relevant to the inspection.
(2) If the
review agency for an investigating agency has reason to believe that a person
to whom this Part applies is able to give information relevant to an
inspection under this Part, the review agency may, by written notice to the
person, require the person to do either or both of the following:
(a) give
the information, in writing, signed by the person, at a specified place and
within a specified period;
(b)
attend before a specified person at a specified place and within a specified
period or at a specified time on a specified day, in order to answer questions
relevant to the inspection.
(3) If the
review agency for an investigating agency has reason to believe that a person
to whom this Part applies is able to give information relevant to an
inspection under this Part but does not know the person's identity, the
review agency may, by written notice to the chief officer of the investigating
agency, require the chief officer or a person nominated by the chief officer
to attend before a specified person at a specified place and within a
specified period or at a specified time on a specified day, in order to answer
questions relevant to the inspection.
(4) Despite any other
law, a person is not excused from giving information, answering a question, or
giving access to a document, as and when required by or under this section, on
the ground that it would contravene a law, would be contrary to the public
interest or might tend to incriminate the person or make the person liable to
a penalty.
(5) The following are
not admissible in evidence against a person except in prosecution proceedings
for an offence against this Act or for perjury, or in police disciplinary
proceedings:
(a)
information or an answer given by the person under this section;
(b) the
fact that the person has given access to a document under this section;
(c) any
information or thing (including a document) obtained in consequence of the
person having given information or an answer, or access to a document, under
this section.
(6) The chief officer
of an investigating agency must ensure that a person to whom this Part applies
provides the review agency for the investigating agency with such assistance
in relation to an inspection under this Part as the review agency reasonably
requires.
(7) A person who is
required under this section—
(a) to
attend before a person; or
(b) to
provide information; or
(c) to
answer a question,
and who, without reasonable excuse, refuses or fails to comply with that
requirement is guilty of an offence.
Maximum penalty: $15 000 or imprisonment for 3 years.
(8) A person
who—
(a)
without reasonable excuse, hinders a person exercising powers under this
section; or
(b)
gives to a person exercising powers under this section information knowing it
to be false or misleading in a material particular,
is guilty of an offence.
Maximum penalty: $15 000 or imprisonment for 3 years.