Western Australian Current Acts Western Australian Current Acts (1) An inspector may,
for the purposes of this Act, do the following (after entering a place under
Division 3 or at any other time) —
(a)
require a person to tell an inspector who has custody of, or access to, a
document;
(b)
require a person who has custody of, or access to, a document to provide that
document, or a copy or reproduction of that document, to an inspector —
(i)
while the inspector is at a place entered under Division
3; or
(ii)
within a specified period;
(c)
require a person —
(i)
to submit to an interview with an inspector at a
reasonable time and place, and in the way, determined by that inspector; and
(ii)
to answer any questions put by that inspector during the
interview; and
(iii)
if and as directed by that inspector, to verify any
answers given by statutory declaration;
(d)
require a person —
(i)
to answer, within a specified period and in a specified
way, any questions put by an inspector otherwise than by way of an interview;
and
(ii)
if and as directed by that inspector, verify any answers
given by statutory declaration.
Notes for this subsection:
1. For the purposes of
paragraph (c)(i), an interview may be conducted, for example, face-to-face or
by telephone or by using audiovisual or other electronic means.
2. For the purposes of
paragraph (d)(i), questions may be put and answers required to be given, for
example, by letter or by using electronic means.
(2) Before determining
the time and place for an interview under subsection (1)(c)(i), an inspector
must make reasonable efforts to agree that time and place with the person to
be interviewed.
(3) An interview
conducted under subsection (1)(c)(i) —
(a) must
be conducted in private if —
(i)
the inspector considers it appropriate; or
(ii)
the person being interviewed so requests;
and
(b) may
be recorded in any way the inspector considers appropriate.
Note for this subsection:
For the purposes of
paragraph (b), an interview may be recorded, for example, using audio,
audiovisual or electronic means.
(4) Subsection (3)(a)
does not prevent —
(a) a
person, including an interpreter, being present at the interview to assist the
inspector conducting the interview if the inspector considers the assistance
is necessary; or
(b) a
representative of the person being interviewed from being present at the
interview.
(5) Subsection (3)(a)
may be invoked during an interview by —
(a) the
inspector conducting the interview; or
(b) the
person being interviewed,
in which case the
subsection applies to the remainder of the interview.
(6) If an interview is
to be recorded under subsection (3)(b), the inspector conducting the interview
must, beforehand, inform the person being interviewed —
(a) that
the recording will be done; and
(b) of
the way in which the recording will be done.
(7) A person must not,
without reasonable excuse, refuse or fail to comply with a requirement under
subsection (1).
Penalty for this subsection:
(a) for
an individual, a fine of $12 500;
(b) for
a body corporate, a fine of $55 000.
Note for this subsection:
See sections 172 and
173 in relation to self-incrimination and section 269 in relation to legal
professional privilege.
(8) Subsection (7)
places an evidential burden on the accused to show a reasonable excuse.