South Australian Current Acts South Australian Current Acts36—Power to investigate Corporation's operations
(1) The Minister may
appoint—
(a) the
Auditor-General; or
(b) some
other suitable person,
to make an investigation and report under this section.
(2) An investigator so
appointed—
(a) must
investigate such matters relating to the operations and financial position of
the Corporation as are determined by the Minister, which matters may
include—
(i)
any possible conflict of interest or breach of duty or
other unlawful, corrupt or improper activity on the part of a director or
employee of the Corporation; or
(ii)
any possible failure to exercise reasonable care and
diligence on the part of a director or employee of the Corporation;
(b) may
investigate a matter of a kind referred to in subparagraph (i) or (ii)
that the investigator has not been required by the Minister to investigate if,
in his or her opinion, the matter should be investigated and it is practicable
to do so.
(3) The investigator
must—
(a)
report to the Minister on the results of an investigation or investigations
under subsection (2) and advise the Minister whether, in his or her
opinion, any matter should be the subject of further action; and
(b)
where, in the case of a matter referred to in subsection (2)(b), the
investigator decided not to investigate or complete investigation of the
matter—report on the matter to the Minister and advise whether, in his
or her opinion, the matter should be the subject of any or further
investigation or other action.
(4) The investigator
must comply with any directions of the Minister as to the manner in which the
investigation is to be conducted and the manner in which the results of the
investigation are to be reported, including any direction requiring reports to
be presented to a specified person or body in addition to the Minister.
(5) Subject to any
directions of the Minister, the investigator may, if he or she sees fit to do
so in connection with the investigation, make public statements as to the
nature and conduct of the investigation and may invite and receive information
or submissions as to any matter relevant to the investigation from such
persons as he or she thinks fit.
(6) The investigator
must, when presenting to the Minister any report that the investigator
considers need not remain confidential, also present copies of the report to
the President of the Legislative Council and the Speaker of the House of
Assembly who must in turn, not later than the first sitting day after receipt
of the reports, lay them before their respective Houses.
(7) For the purposes
of an investigation under this section, the investigator and
authorised persons 1 have the same powers as the Auditor-General and
authorised officers have under Division 3 of Part 3 of the
Public Finance and Audit Act 1987 for an audit or examination under that
Act, and the provisions of that Division (including section 34(2) and
(3)) apply in relation to the investigation and the exercise of those powers
as if the investigator or authorised person were the Auditor-General or an
authorised officer exercising those powers under that Division.
(8) Without limiting
the effect of any other provisions of this section, a magistrate may, on
application by the investigator—
(a) if
satisfied that there are reasonable grounds to believe that a person has
information, or possession or control of records, relevant to the
investigation, issue a summons requiring the person to appear before the
investigator and answer questions or produce the records;
(b) if
satisfied that a person has been served with such a summons and paid or
tendered a reasonable sum for the person's expenses but has failed (without
reasonable excuse) to appear or produce records in obedience to the summons,
issue a warrant directed to all members of the police force for the person to
be apprehended and brought before the investigator.
(9) The grounds of an
application for a summons or warrant must be verified by affidavit.
(10) A person
who—
(a) is
served with a summons under this section and paid or tendered a reasonable sum
for the person's expenses; but
(b)
fails (without reasonable excuse) to obey the summons,
is guilty of an offence.
Penalty: Division 6 fine or division 6 imprisonment.
(11) An investigator
or authorised person incurs no civil or criminal liability for an honest act
or omission in the exercise or purported exercise of a power conferred by this
section.
(12) A person incurs
no civil or criminal liability for anything done honestly in compliance or
purported compliance with a requirement of an investigator or
authorised person under this section.
"authorised person" in relation to an investigation under this section, means
a person authorised by the investigator to exercise the powers conferred by
this section for the purposes of the investigation.
Note—