Clause 52

by inserting, immediately after the words “or the executive committee of any subsidiary management corporation” in subsection (1), the words “, a managing agent or an employee of the managing agent or other person”;

by deleting the words “maintenance of any development” in subsection (1)(a) and (b) and substituting in each case the words “maintenance of buildings, the maintenance of a development before a strata title plan is registered for the development”;

by deleting subsection (3) and substituting the following subsection:“(3) The Commissioner, or a person authorised in writing by the Commissioner, may enter at any reasonable time any building, common property or limited common property and having entered any such building, common property or limited common property may do all or any of the following:

inspect any book, register, document or other records relating to —

the management of a management corporation or subsidiary management corporation;

the maintenance of a development before a strata title plan is registered for the development; or

the maintenance of any building;

make copies of, or records of any information contained in, any such books, registers, documents or other records;

carry out checks to ascertain whether there is, or has been, on or in connection with the building, common property or limited common property (as the case may be), a contravention of any requirement by or under this Act;

carry out checks to ascertain whether circumstances exist that would authorise the Commissioner or any person appointed by the Commissioner for this purpose to take any action or execute any work authorised or required by or under this Act;

take such action or execute such work, authorised or required by or under this Act.”;

by deleting the words “on the premises” in subsection (4)(b) and substituting the words “in the building, on common property or limited common property”;

by inserting, immediately after the words “or an employee thereof” in subsection (5)(a), the words “, a managing agent or an employee of a managing agent, being”;

by deleting the word “or” at the end of subsection (5)(a);

by deleting the full‑stop at the end of paragraph (b) of subsection (5) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(c)any other person who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the maintenance of a building or the circumstances of the case.”;

by inserting, immediately after subsection (5), the following subsection:“(5A) Any statement made by any person required under subsection (5) to attend before the Commissioner or authorised person must —

be reduced to writing;

be read over to the person;

if the person does not understand English, be interpreted for the person in a language that the person understands; and

after correction, if necessary, be signed by that person.”; and

by deleting subsection (7) and substituting the following subsections:“(7) A person is not excused from giving any information required under this section on the ground that the giving of the information might tend to incriminate the person or expose the person to a punishment.(8) Where a person claims, before giving any information that the person is required under this section to give, that the giving of the information might tend to incriminate the person —

that information;

the giving of the information; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information,is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under section 127.(9) The powers conferred under subsection (1), (2), (3) or (5) may only be exercised by the Commissioner (or, as the case may be, by a person authorised by the Commissioner) —

for ensuring that the provisions of this Act and the regulations with respect to any of the following are being complied with:

the maintenance of buildings;

the maintenance of a development before a strata title plan is registered for the development;

the management of management corporations or subsidiary management corporations;

any approval, permit or authorisation required by or under this Act with respect to any matter in sub‑paragraph (i), (ii) or (iii); or

for investigating any offence under this Act or any regulations made under section 136.”.