Western Australian Numbered Acts Western Australian Numbered Acts (1) An investigator
may for the purposes of an investigation enter premises at which the
respondent the subject of the investigation practises medicine or stores
records relating to his or her practice at any reasonable time —
(a) with
the consent of the respondent and the occupier (if any) of the premises; or
(b)
without the consent of the respondent and the occupier (if any) of the
premises, if the investigator has given the respondent and the occupier (if
any) 5 days’ notice in writing of the investigator’s
intention to enter the premises.
(2) An investigator
may for the purposes of an investigation enter and inspect the premises named
in a warrant issued under section 94(1).
(3) If an investigator
enters premises under subsection (1) or under the authority of a warrant
issued under section 94(1), the investigator may for the purposes of an
investigation —
(a)
examine equipment on the premises used by the respondent in connection with
his or her medical practice; and
(b)
require a person on the premises to produce medical supplies, including
therapeutic substances, that are in the possession or under the control of the
person; and
(c) take
photographs of the premises, equipment or medical supplies; and
(d)
require a person on the premises to produce to the investigator any document
or other thing concerning the investigation that is in the possession or under
the control of the person; and
(e)
inspect any document or other thing produced to the investigator and retain it
for such reasonable period as the investigator thinks fit, and make copies of
a document or any of its contents; and
(f)
require the occupier of the premises (if any) to provide such assistance and
facilities as the investigator reasonably requires to carry out the
investigator’s functions; and
(g)
require a person on the premises —
(i)
to give the investigator such information as the
investigator requires; and
(ii)
to answer any question put to that person,
in relation to the
matter the subject of the investigation; and
(h)
exercise other powers prescribed by the regulations.
(4) A requirement made
under subsection (3)(d) —
(a) must
be made by notice in writing given to the person required to produce the
document or other thing; and
(b) must
specify the time at or within which the document or other thing is to be
produced; and
(c) may,
by its terms, require that the document or other thing required be produced at
a place and by means specified in the requirement; and
(d)
where the document required is not in a readable format, is to be treated as a
requirement to produce —
(i)
the document itself; and
(ii)
the contents of the document in a readable format.
(5) A requirement made
under subsection (3)(g) —
(a) may
be made orally or by notice in writing served on the person required to give
information or answer a question, as the case may be; and
(b) must
specify the time at or within which the information is to be given or the
question is to be answered, as the case may be; and
(c) may,
by its terms, require that the information or answer required —
(i)
be given orally or in writing;
(ii)
be given at or sent or delivered to a place specified in
the requirement;
(iii)
in the case of written information or answers be sent or
delivered by means specified in the requirement;
(iv)
be verified by statutory declaration.
(6) If under
subsection (3)(d) an investigator requires a person to produce a document
or thing, the investigator must inform that person that the person is required
under this Act to produce the document or thing.
(7) If under
subsection (3)(g) an investigator requires a person to give information
or answer a question, the investigator must inform that person that the person
is required under this Act to give the information or answer the question.
(8) An investigator
must produce his or her certificate of appointment if requested to do so by a
person in respect of whom the investigator has exercised, or is about to
exercise, a power under this section.