Investigation by Authority
99.—(1)  The Authority may conduct any investigation that it considers necessary or expedient for all or any of the following purposes:
(a)to perform any of the Authority’s functions and duties under this Act;
(b)to determine the truth or otherwise of an alleged or suspected contravention of any provision of this Act or any direction issued under this Act.
(2)  For the purposes of subsection (1), the Authority may, in writing, require any person named therein to provide information or to produce books, accounts, records and other documents, whether in electronic, print or other form, relating to any matter under investigation, and such person must immediately comply with that requirement.
(3)  Nothing in this Part —
(a)compels an advocate and solicitor, or a legal counsel referred to in section 128A of the Evidence Act 1893, to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him or her in that capacity; or
(b)authorises the taking of any such document or other material which is in his or her possession.
[23/2003; 11/2013]
(4)  If an advocate and solicitor, or a legal counsel referred to in section 128A of the Evidence Act 1893, refuses to disclose the information or produce the document or other material referred to in subsection (3), he or she is nevertheless obliged to give the name and address (if he or she knows them) of the person to whom, or by or on behalf of whom, that communication was made.
[23/2003; 11/2013]
(5)  Any person who, without reasonable excuse, fails to comply with subsection (2) or (4) shall be guilty of an offence and shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or
(b)in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
[40A
[11/2013]