Western Australian Repealed Acts

This legislation has been repealed.

MEDICAL ACT 1894 - SECT 12E

12E .         Powers of investigator

        (1)         An investigator may for the purposes of an investigation —

            (a)         enter and inspect the premises of a person named in a warrant issued under section 12G(1), and exercise the powers referred to in section 12G(2)(b) and (c);

            (b)         require a person 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;

            (c)         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;

            (d)         require a person —

                  (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

            (e)         exercise other powers conferred on an investigator by the regulations.

        (2)         A requirement made under subsection (1)(b) —

            (a)         must be made by notice in writing given to the person required to produce the document or other thing;

            (b)         must specify the time at or within which the document or other thing is to be produced;

            (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, must be treated as a requirement to produce —

                  (i)         the document itself; and

                  (ii)         the contents of the document in a readable format.

        (3)         A requirement made under subsection (1)(d) —

            (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;

            (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; and

                  (iv)         be verified by statutory declaration.

        (4)         If under subsection (1)(d) 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.

        (5)         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.

        [Section 12E inserted by No. 55 of 2004 s. 728.]