Clause 38

enter and search at any reasonable time any premises when he or she has reasonable cause to believe that evidence of an offence, civil contravention or serious civil contravention can be found in those premises;

require by written order the attendance before him or her of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances relevant to an alleged offence, civil contravention or serious civil contravention, and that person must so attend as required;

take any photographs, or audio or video recording, that he or she thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to an alleged offence, civil contravention or serious civil contravention.

require any person that he or she has reason to believe has any document or information relevant to an alleged offence, civil contravention or serious civil contravention, to produce the document or give the information;

retain or make copies of any document relevant to any alleged offence, civil contravention or serious civil contravention;

orally examine any person supposed to be acquainted with the facts and circumstances of any alleged offence, civil contravention or serious civil contravention and to reduce into writing the answer given or statement made by that person;

require any person to produce any article which is relevant to any investigation into an alleged offence, civil contravention or serious civil contravention and, if necessary, to take into custody the article;

require an employer to produce all or any of the employer’s employees for the purposes of any investigation into an alleged offence, civil contravention or serious civil contravention.

intentionally offers any resistance to or wilfully delays the Commissioner, an authorised officer or an authorised person in the exercise of any power under this section;

fails to comply or prevents any person from complying with any requirement of the Commissioner, an authorised officer or an authorised person under this section; or

intentionally makes a statement to the Commissioner, an authorised officer or an authorised person exercising any power under this section, either orally or in writing, which is false in a material particular, the person shall be guilty of an offence and shall be liable —

on the first conviction — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and

on a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.