Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p15
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 36969–39764

requires;

    (e) to attend and give evidence before the Commissioner or an authorised officer;

    (f) to produce to the Commissioner any documents in the custody or under the control of the person;

for the purpose of enabling the Commissioner to investigate all or any of the matters mentioned in paragraphs (a), (b) and (c).

  "(2) The Commissioner may direct that:

    (a) the information or answers to questions be given either orally or in writing; and

    (b) the information or answers to questions be verified or given on oath or affirmation.

"(3) The Commissioner or an authorised officer may administer the oath or affirmation.

"(4) The oath to be taken or affirmation to be made by a person for the purposes of this section is an oath or affirmation that the information or answers the person will give will be true.

"(5) The regulations may prescribe scales of expenses to be allowed to persons who are required to attend under this section.

  "(6) If:

    (a) information is provided to the Commissioner under paragraph (1)(d) in a document; or

    (b) evidence is given to the Commissioner under paragraph (1)(e) in a document; or

  (c) a document is produced to the Commissioner under paragraph (1)(f);

the Commissioner may inspect, audit, examine, make copies of, or take extracts from any such document.

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

Penalty: 30 penalty units.

"(8) It is a reasonable excuse for a person to refuse or fail to provide information, to answer a question or to produce a document on the ground that to do so would tend to incriminate the person.

  "(9) A person must not, intentionally or recklessly:

     (a) make a statement to the Commissioner or an authorised officer, either orally or in writing, that is false or misleading in a material particular; or

     (b) present a document to the Commissioner or an authorised officer that is false or misleading in a material particular.

Penalty: imprisonment for 1 year.

"(10) If documents are produced to the Commissioner:

    (a) the Commissioner may retain possession of the documents for such period as is necessary and reasonable for the purposes of the investigation; and

    (b) during that period the Commissioner must permit a person who would be entitled to inspect a document if it were not in the Commissioner's possession to inspect that document at any reasonable time.

Production of documents

"34B.(1) The Commissioner may, by written notice, require an insurance intermediary or a director, employee or agent of the insurance intermediary to produce any information or documents kept by the insurance intermediary for the purpose of carrying on business as an insurance intermediary.

  "(2) If: