Document ID: chunk:federal_register_of_legislation:C2004A04176:body:0:p7
Version: federal_register_of_legislation:C2004A04176
Segment Type: other
Provision Reference: 
Character Range: 18854–21591

used or otherwise involved, is started within that period, until the completion of the proceedings for the offence and of any appeal in relation to the proceedings; and

    (c)     if the evidence is a book, record or document—while the investigator has possession of the evidence, the investigator

     must allow it to be inspected at any reasonable time by anyone who would be entitled to inspect it if it were not in the investigator's possession.

"(2) If, in the course of searching premises entered under section 32ae or under a warrant under section 32af or 32ag, the investigator:

    (a) finds a thing that he or she believes on reasonable grounds to be:

         (i) a thing (other than the evidence mentioned in subsection (1)) that will afford evidence of the commission of the offence mentioned in that subsection; or

         (ii) a thing that will afford evidence of the commission of another offence against this Act or the regulations; and

    (b) the investigator believes, on reasonable grounds, that it is necessary to seize the thing to prevent its concealment, loss or destruction;

subsection (1) applies to the thing as if it were the evidence mentioned in that subsection.

"(3) The Authority may, in writing, authorise the release of any thing seized under subsection (2) to its owner, or to the person from whom it was seized, either unconditionally or subject to such conditions as the Authority thinks fit.

Power to require persons to answer questions and produce documents

"32aj. (1) An investigator who is on or in premises that he or she has entered under a warrant under this Part may require anyone on or in the premises to:

  (a)     answer any questions put by the investigator; and

    (b)     produce any books, records or documents requested by the investigator.

"(2) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1).

Penalty: $3,000.

"(3) It is not a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document on the ground that to do so would tend to incriminate the person, but the answer to any question, or any book, record or document produced, or any information or thing obtained as a direct or indirect consequence of answering the question or producing the book, record or document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection (2).

Powers in relation to aircraft etc.

"32ak. (1) An investigator may, for the purpose of performing the functions or exercising the powers of an investigator under this Part in relation to an aircraft, vessel or vehicle, require the person apparently