South Australian Numbered Acts

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AUSTRALIAN CRIME COMMISSION (SOUTH AUSTRALIA) ACT 2004 (NO 7 OF 2004) - SECT 20

20—Power to obtain documents

        (1)         An examiner may, by notice in writing served on a person, require the person—

            (a)         to attend, at a time and place specified in the notice, before a person specified in the notice, being the examiner or a member of the staff of the ACC; and

            (b)         to produce at that time and place to the person so specified a document or thing specified in the notice, being a document or thing that is relevant to a special ACC operation/investigation.

        (2)         Before issuing a notice under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the notice.

        (3)         A notice may be issued under this section in relation to a special ACC operation/investigation, whether or not an examination before an examiner is being held for the purposes of the operation or investigation.

        (4)         A person must not refuse or fail to comply with a notice served on the person under this section.

        (5)         A person who contravenes subsection (4) is guilty of an offence.

Maximum penalty: $22 000 or imprisonment for 5 years.

        (6)         The provisions of section 23(3) to (5) and (7) apply in relation to a person who is required to produce a document or thing by a notice served on him or her under this section in the same manner as they apply in relation to a person who is required to produce a document or thing at an examination before an examiner.

        (7)         If there is a contravention of section 23(3) as applied by subsection (6), the provisions of section 23(6) apply to that contravention.



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