140 Producing authorised officer’s identity card
(1) This section applies if the department’s chief executive directs an authorised officer to exercise a power under this division. (2) The authorised officer may exercise the power, in relation to a
person, only if the officer—
(a) first produces his or her identity card for the person to inspect; or
(b) has his or her identity card displayed so it is clearly visible to the person.
141 Making of inquiries for department
(1) This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that information included in a register or record of the council is incorrect because of an error or omission.
(2) An authorised officer, if directed by the department’s chief executive, may make all inquiries the chief executive considers to be reasonable to find out whether and to what extent the register or record is incorrect.
142 Power to require information or document for department investigation
(1) This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that—
(a) either or both of the following apply—
(i) information included in a register or record of the council is incorrect because of an error or omission;
(ii) an offence against this Act has been committed relating to a register or record; and
(b) a person—
(i) is able to give information about the error, omission or offence; or
(ii) holds a document relating to the error, omission or offence.
(2) The department’s chief executive or, if directed by the department’s chief executive, an authorised officer may require the person to give the information or produce the document.
(3) When making the requirement, the department’s chief executive or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.
(4) The person must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
(5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.
(6) It is a defence in a prosecution under subsection (4) that the information or document sought by the department’s chief executive or authorised officer is not relevant to the error, omission or offence.
(7) If the person produces the document to the department’s chief executive or authorised officer, the chief executive or officer—
(a) may keep the document to take an extract from it or make a copy of it; and
(b) must return the document to the person as soon as practicable after taking the extract or making the copy.
Division 3
Investigations by council
143 Producing authorised person’s identity card
(1) This section applies if the chief executive officer directs an authorised person to exercise a power under this division. (2) The authorised person may exercise the power, in relation to
another person, only if the authorised person—
(a) first produces his or her identity card for the other person to inspect; or
(b) has his or her identity card displayed so it is clearly visible to the other person.
144 Making of inquiries for council
(1) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that information included in a register or record of the council is incorrect because of an error or omission.
(2) The chief executive officer or, if directed by the chief executive officer, an authorised person may make all inquiries the chief executive officer considers to be reasonable to find out whether and to what extent the register or record is incorrect.
145 Power to require information or document for council investigation
(1) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that—
(a) either or both of the following apply—
(i) information included in a register or record of the council is incorrect because of an error or omission;
(ii) an offence against this Act has been committed relating to a register or record; and
(b) a person—
(i) is able to give information about the error, omission or offence; or
(ii) holds a document relating to the error, omission or offence.
(2) The chief executive officer or, if directed by the chief executive officer, an authorised person may require the person to give the information or produce the document.
(3) When making the requirement, the chief executive officer or authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.
(4) The person must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
(5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.
(6) It is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or authorised person is not relevant to the error, omission or offence.
(7) If the person produces the document to the chief executive officer or authorised person, the chief executive or authorised person—
(a) may keep the document to take an extract from it or make a copy of it; and
(b) must return the document to the person as soon as practicable after taking the extract or making the copy.
146 Referral to department
(1) This section applies if, because of inquiries made under this division, the chief executive officer concludes on reasonable grounds that an offence has been committed under this Act relating to a register or record.
(2) The chief executive officer must report the chief executive officer’s conclusion, including the reasons for the conclusion, to the department’s chief executive.
(3) Subsection (2) does not limit any duty the chief executive officer may have under the Crime and Corruption Act to notify the CCC of any complaint, information or matter that
the chief executive officer suspects involves, or may involve, corrupt conduct under that Act.
147 Chief executive officer not subject to direction
The chief executive officer is not subject to direction by the mayor in acting under this division.