South Australian Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 1996 - SECT 42

42—Procedures and powers of an investigator

        (1)         In conducting an inquiry under this Division, an investigator—

            (a)         must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues; and

            (b)         is not bound by the rules of evidence, but may inform himself or herself on a matter as the investigator thinks fit.

        (2)         An investigator may, for the purposes of an inquiry under this Division—

            (a)         by summons signed by the investigator, require the attendance of any person, or require the production of any document, object or material; and

            (b)         require a person to answer relevant questions; and

            (c)         require a person to make an oath or affirmation to answer questions put by the investigator; and

            (d)         exercise the powers of an authorised officer under Division 2.

        (3)         If a person—

            (a)         who has been served with a summons fails without reasonable excuse to attend in obedience to the summons; or

            (b)         who has been served with a summons to produce a document, object or material, fails without reasonable excuse to comply with the summons; or

            (c)         refuses to answer a relevant question when required to do so under this section; or

            (d)         refuses to be sworn or to affirm; or

            (e)         without reasonable excuse, hinders or obstructs an investigator in the exercise of powers under this section, or fails to obey any other requirement or direction given by an investigator,

the person is guilty of an offence.

Maximum penalty: $10 000.

        (4)         It is not an excuse for a person to refuse or fail to answer a question or to produce, or provide a copy of, a document or information as required under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

        (5)         However, if compliance by a person with a requirement to answer a question or to produce, or provide a copy of, a document or information might tend to incriminate the person or make the person liable to a penalty, then—

            (a)         in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or

            (b)         in any other case—the answer given in compliance with the requirement,

is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).

        (6)         A person is not obliged under this section to provide information that is privileged on the ground of legal professional privilege.

        (7)         If a document, object or material is produced or found by an investigator, the investigator may—

            (a)         inspect it;

            (b)         make copies of, photograph or take extracts from, or test, it;

            (c)         take possession of it, and keep it while it is necessary for the inquiry.

        (8)         Except as provided by this section, an inquiry under this Division may be conducted in a manner determined by the investigator.

        (9)         An investigator may appoint a person or persons to assist him or her in an inquiry under this Division.