Western Australian Current Acts Western Australian Current Acts (1) For the purpose of
ascertaining whether the provisions of any of the cognate Acts are being or
have been complied with by a credit provider or for the purpose of enabling
the Commissioner to prepare a report for the State Administrative Tribunal,
the Commissioner, or any other person authorised in writing in that behalf by
the Commissioner may —
(a)
enter premises where the business of the credit provider or the business of a
person with whom the credit provider has a trade or tie agreement, is being
carried on; and
(b)
require the production of records; and
(c)
inspect and require explanations of any record; and
(d) take
notes, copies and extracts of or from any record or statement produced
pursuant to this section.
(2) Where the
Commissioner or an authorised person referred to in subsection (1), requires
production under that subsection of a record that is not in writing, or is not
written in the English language, or is not decipherable on sight, the
requirement to produce the record shall be deemed to be a requirement to
produce, in addition to the record if it is in writing, or instead of the
record if it is not in writing, a statement, written in the English language
and decipherable on sight, containing the whole of the information in the
record.
(3) A person shall not
—
(a)
wilfully delay or obstruct the Commissioner, an authorised person or any other
person in the exercise of powers under this section; or
(b)
refuse or fail to produce, or conceal or attempt to conceal, any record or
statement the person is required under subsection (1) or (2) to produce; or
(c)
being a credit provider or, where the credit provider is a body corporate, an
officer of the credit provider refuses or fails to answer a question or give
an explanation relating to any such record or statement put to or required of,
him or her by a person entitled to require production of the record or
statement who first informs him or her that he or she is required and obliged
by this section to answer the question or give the explanation; or
(d)
being a credit provider or, where the credit provider is a body corporate, an
officer of the credit provider gives to a question relating to any record or
statement an answer that he or she knows is false or misleading or gives an
explanation of any record or statement that he or she knows is a false or
misleading explanation.
Penalty: $2 000.
[Section 54 amended: No. 55 of 2004 s. 209(2); No.
28 of 2006 s. 88.]