South Australian Current Acts South Australian Current Acts12—Commission's powers of investigation
(1) The Commission may
conduct an investigation into the financial affairs of an assisted person, a
financially associated person or a person who may be a financially associated
person.
(2) For the purposes
of an investigation under this section, the Commission may, by notice in
writing, require any person who may be in a position to provide information
about the financial affairs of the person under investigation—
(a) to
provide written answers to questions put by the Commission; or
(b) to
produce documents for inspection by an officer of the Commission; or
(c) to
attend before an officer of the Commission at a nominated time and place to
answer questions about the financial affairs of the person under
investigation.
(3) A person who is
required to answer questions under subsection (2)(a) must not refuse or
fail to answer the questions within the time allowed in the notice.
Maximum penalty: $2 500 or imprisonment for 6 months.
(4) A person who is
required to produce documents for inspection under subsection (2)(b) must
not refuse or fail to produce the documents at the time and place nominated in
the notice.
Maximum penalty: $2 500 or imprisonment for 6 months.
(5) A person who is
required to attend before an officer of the Commission under
subsection (2)(c) must not—
(a)
refuse or fail to attend before an officer of the Commission as required in
the notice; or
(b)
refuse or fail to answer a question relevant to the financial affairs of the
person under investigation put by an officer of the Commission.
Maximum penalty: $2 500 or imprisonment for 6 months.
(6) A person may not
refuse to answer a question on the ground that the answer to the question
would tend to incriminate the person but, if the person objects to answering
the question on that ground, the answer is not admissible in criminal
proceedings against the person (other than proceedings in which the answer is
alleged to be false).
(7) Subject to an
order of the court to the contrary, the costs of an investigation under this
section related to a category 2 assisted person (including an investigation
into the financial affairs of a person who is or may be financially associated
with the assisted person) are to be paid by the assisted person.
(8) The court may, on
application by an assisted person, relieve the person from a liability to pay
costs under subsection (7).