§ 81 — Powers of Commissioner, authorised officers and authorised persons

81.—(1) For the purposes of the execution of this Act, the Commissioner and any authorised officer or authorised person has the following powers:(a)

to enter, inspect and examine at any time any premises;

(b)

to inspect or examine any thing or observe any activity conducted in or on the premises;

(c)

to make a still or moving image or recording of the premises and any thing in or on the premises;

(d)

to inspect any document in or on the premises and take extracts from, or make copies of, any such document;

(e)

to take into or onto the premises any equipment and material that the Commissioner, authorised officer or authorised person requires for the purpose of exercising any power in relation to the premises;

(f)

to operate electronic equipment in or on the premises;

(g)

to take into custody any article in the premises which is relevant to the carrying out of the provisions of this Act.

(2) For the purposes of the execution of this Act, the Commissioner or an authorised officer may —(a)

examine orally any person who appears to be acquainted with any facts and circumstances relevant to the carrying out of the provisions of this Act;

(b)

require any person who appears to be acquainted with any facts and circumstances relevant to the carrying out of the provisions of this Act to attend at the time and place specified in a written notice served on the person; and

(c)

require any person whom the Commissioner or authorised officer has reason to believe has any document or information relevant to the carrying out of the provisions of this Act to produce the document or provide the information, within a reasonable period specified by the Commissioner or authorised officer.

(3) The power under subsection (1)(f) to operate electronic equipment in or on any premises includes the power —(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(4) The power to require a person to provide a document or information under subsection (2)(c) includes the power —(a)

to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that person to state, to the best of his or her knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the Commissioner or authorised officer in legible form.

(5) A person examined under this section must state truly the facts and circumstances relevant to the carrying out of the provisions of this Act with which the person is acquainted, except only that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.

(6) A statement made by a person examined under this section must —(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

after correction (if necessary), be signed by the person.

—(1) For the purposes of the execution of this Act, the Commissioner and any authorised officer or authorised person has the following powers:(a)

to enter, inspect and examine at any time any premises;

(b)

to inspect or examine any thing or observe any activity conducted in or on the premises;

(c)

to make a still or moving image or recording of the premises and any thing in or on the premises;

(d)

to inspect any document in or on the premises and take extracts from, or make copies of, any such document;

(e)

to take into or onto the premises any equipment and material that the Commissioner, authorised officer or authorised person requires for the purpose of exercising any power in relation to the premises;

(f)

to operate electronic equipment in or on the premises;

(g)

to take into custody any article in the premises which is relevant to the carrying out of the provisions of this Act.

(2) For the purposes of the execution of this Act, the Commissioner or an authorised officer may —(a)

examine orally any person who appears to be acquainted with any facts and circumstances relevant to the carrying out of the provisions of this Act;

(b)

require any person who appears to be acquainted with any facts and circumstances relevant to the carrying out of the provisions of this Act to attend at the time and place specified in a written notice served on the person; and

(c)

require any person whom the Commissioner or authorised officer has reason to believe has any document or information relevant to the carrying out of the provisions of this Act to produce the document or provide the information, within a reasonable period specified by the Commissioner or authorised officer.

(3) The power under subsection (1)(f) to operate electronic equipment in or on any premises includes the power —(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(4) The power to require a person to provide a document or information under subsection (2)(c) includes the power —(a)

to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that person to state, to the best of his or her knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the Commissioner or authorised officer in legible form.

(5) A person examined under this section must state truly the facts and circumstances relevant to the carrying out of the provisions of this Act with which the person is acquainted, except only that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.

(6) A statement made by a person examined under this section must —(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

after correction (if necessary), be signed by the person.