10/Jun/1999 - Current (at 31 Dec 2005)
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    28. Inspection of records

    (1) All books, accounts, documents, and other records that are required to be kept under this Act by a licensee, shall at all reasonable times be open to inspection by any person duly authorized in writing in that behalf by the Minister either generally or in any particular case.

    (2) Upon the production of his written authority a person authorized by the Minister pursuant to subsection (1), may require any licensee or in his absence any employee or agent of the licensee for the time being having the apparent control or charge of the office or place of business of the licensee

    (a) to produce for inspection

    (i) all records of accounts required to be kept by the licensee in accordance with this Act; and

    (ii) all books, papers, contracts, agreements, documents or other records relating to any transaction by or with the licensee in connection with his business as an auctioneer, in the possession, custody or control of the licensee;

    (b) to furnish all authorities and orders to bankers as may be reasonably required of him; and

    (c) to answer any questions or supply any information with respect to any of those accounts, books, papers, contracts, agreements, documents or other records or any entry in any of them.

    (3) The manager or other principal officer of a bank with which a licensee has deposited any money whether in his own account or in any other account, shall, upon demand in writing delivered to him personally by the person so authorized, disclose each such account to any person authorized in writing by the Minister to examine the accounts of the licensee, either generally or in relation to any particular account and shall, whether or not the licensee consents, permit the person so authorized to inspect any book, account, document or record in the possession of the manager or principal officer that relates to any of those accounts.

    (4) A person authorized to carry out any inspection for the purposes of this section is also thereby authorized, and shall be permitted, to make and take with him notes, copies or extracts of or from any document or other thing so inspected.

    (5) A person who

    (a) wilfully delays or obstructs any person so authorized in the exercise of his powers under this section;

    (b) on demand refuses or fails to produce any accounts, books, papers, contracts, agreements, documents or other records required for inspection under this section in his possession, custody or control;

    (c) on demand refuses or fails to furnish any authorities and orders to bankers as may be reasonably required of him under this section; or

    (d) on demand refuses or fails without lawful excuse to answer truthfully any questions relating to any accounts, books, papers, contracts, agreements, documents or other records required for inspection under this section,

    is guilty of an offence against this Act.

    (6) Where the Minister considers that for the protection of the public it is desirable so to do he may, by notice in writing, appoint an auditor, at the expense of the licensee, to arrange for and carry out an audit of the accounts of the licensee in connection with his business as an auctioneer in respect of the period specified in the notice, and the auditor so appointed has in respect of those accounts similar powers to those powers conferred upon the Auditor General by the Financial Administration and Audit Act 1985, in relation to public accounts and shall prepare and deliver to the Minister a report on the audit.

    (7) A person is not required under this section to answer any question or give any information that tends to incriminate him.

    (8) For the purposes of this section the expression }licensee~ includes

    (a) a person whose licence has expired or has been cancelled, suspended or surrendered; and

    (b) any firm or corporation named in a licence as that for the benefit of which it is to be used.

    (9) A person who contravenes any of the provisions of this section is guilty of an offence against this Act.

    [Section 28 amended by No. 98 of 1985, Schedule 1.]



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.