Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p16
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 39495–42262

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:

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

  (b) documents are produced to the Commissioner under that subsection;

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

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

Penalty: 30 penalty units.

"(4) It is a reasonable excuse for a person to refuse or fail to produce a document on the ground that to do so would tend to incriminate the person.

Identity cards

"34C.(1) The Commissioner may issue to each authorised officer an identity card.

  "(2) An identity card must:

  (a) be in an approved form; and

  (b) incorporate a recent photograph of the person.

"(3) As soon as practicable after a person ceases to be an authorised officer, he or she must return his or her identity card to the Commissioner.

"(4) A person must not, without reasonable excuse, fail to return his or her identity card.

Penalty: one penalty unit.

Offence powers—entry and search of premises with occupier's consent

  "34D.(1) If:

    (a) an authorised officer has reasonable grounds for suspecting that there is on or in any premises a particular thing, including information, that may afford evidence of the commission of an offence against this Act; and

    (b) the occupier of the premises consents to the officer entering the premises;

the officer may, after producing his or her identity card for inspection by the occupier:

  (c) enter the premises; and

  (d) search the premises for the thing; and

  (e) seize the thing; and

    (f) if the thing is or includes information in a written or electronic form—do the things set out in subsections (2), (3) and (4) in respect of the thing.

"(2) If the thing referred to in subsection (1) is or includes information in a written or electronic form, an authorised officer may operate equipment at the premises to see whether:

  (a) the equipment; or

  (b) a disk, tape or other storage device that:

      (i) is at the premises; and

      (ii) can be used with or is associated with the equipment;

contains the information.

"(3) If an authorised officer, after operating equipment at the premises, finds that the equipment, or that a disk, tape or other storage device at the premises, contains the information, he or she may:

  (a) seize the equipment or the disk, tape or other storage device; or

     (b) if the information can,