31. Powers of investigation

    (1) The Board may make any inquiry that the Board considers necessary or expedient for the purposes of

    (a) determining any application or any other matter before the Board;

    (b) determining whether or not a person registered under this Act is or has been acting in conformity with the conditions, if any, of his registration and is or has been complying with the requirements of this Act;

    (c) determining whether any other cause exists that might be considered by the Board a proper cause for disciplinary action;

    (d) detecting offences against this Act.

    (2) The Board may appoint an investigator to carry out an inquiry and report to the Board under this section.

    (3) The investigator may

    (a) require any person

    (i) to give the investigator such information as the investigator requires; and

    (ii) to answer any question put to the person,

    in relation to any matter the subject of such inquiry;

    (b) require any person to produce any document to the investigator;

    (c) enter at all reasonable times and search any premises and inspect any documents that the investigator finds on the premises; and

    (d) make a copy or abstract of any document produced or inspected under this section, or of any entry made in the document.

    (4) A requirement made under subsection (3)(a)

    (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) shall 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 any place specified in the requirement;

    (iii) in the case of written information or answers, be sent or delivered by any means specified in the requirement; and

    (iv) be given on oath or affirmation or by statutory declaration for which purpose the investigator may administer an oath or affirmation and have the authority of a commissioner for declarations.

    (5) A requirement made under subsection (3)(b)

    (a) shall be made by notice in writing served on the person required to produce a document;

    (b) shall specify the time at or within which the document is to be produced; and

    (c) may, by its terms, require that the document be produced

    (i) at any place specified in the requirement; and

    (ii) by any means specified in the requirement.

    (6) Where under subsection (3)(a) an investigator orally requires a person to give any information or answer any question, the investigator shall inform that person that he is required under this Act to give the information or answer the question, as the case may be.

    (7) Where under subsection (3)(a) or (b) a person is required by notice in writing to give any information, answer any question, or produce any document, the notice shall state that he is required under this Act to give the information, answer the question, or produce the document, as the case may be.

    (8) Before entering any premises under this section the investigator

    (a) shall obtain a warrant to do so from a magistrate or Justice of the Peace which warrant the magistrate or Justice of the Peace is authorised to issue upon being satisfied that the entry is sought in good faith for the purpose of carrying out an inquiry under this section; and

    (b) shall display to the person, if any, giving the investigator entry, a document executed by the Board and certifying that the person is an investigator appointed by the Board.

    [Section 31 inserted by No. 55 of 2004 s. 958.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.