Section 20Part 5 — POWER OF INVESTIGATION
Powers of investigation
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The Commission may —
require that the person in public life and any other connected person produce, within a specified time, all books, records, accounts, reports, data, stored electronically or otherwise, or any other documents relating to the functions of any public or private body;
require that the person in public life and any other person connected with him, within a specified time, provide any information or answer any question which the Commission considers necessary in connection with any enquiry or investigation which the Commission is empowered to conduct under this Act;
require that the person in public life or that person's duly appointed agent attend at the offices of the Commission in order to verify that person's declaration;
require that any facts, matters or documents relating to the allegations or breach, be verified or otherwise ascertained by oral examination of the person making the complaint; and
cause any witness to be summoned and examined upon oath.
Where, in the course of any enquiry the Commission is satisfied that there is a need to further expedite its investigations, it may exercise the following powers —
require any person to furnish a statement in writing —
enumerating all movable or immovable property belonging to or possessed by that person in the Islands or elsewhere, or held in trust for him, and specifying the date on which each such property was acquired and the consideration paid therefor, and explaining whether it was acquired by way of purchase, gift, inheritance or other stated means; and
specifying any monies or other property acquired in the Islands or elsewhere or sent out of the Islands by that person or on that person's behalf during a specified period;
require any person to furnish, notwithstanding the provisions of any other Law to the contrary, all information in that person's possession relating to the affairs of a person in public life who is being investigated under this Act and to produce or furnish any document or true copy of any document relating to the person under investigation and which is in the possession or under the control of the person required to furnish the information; and
require the manager of any bank or financial institution, in addition to furnishing information specified in subsection (2)(b), to furnish any information or certified copies of the accounts or the statement of accounts at the bank or financial institution of any person being investigated, unless such information is subject to legal professional privilege.
Before the entry into force of this Act, Cabinet may cause to be compiled all provisions in Laws and regulations that restrict disclosure of information that is subject to disclosure under this section so as to ensure the Laws are amended or repealed in order to make this section effective.
A person who fails or refuses to comply with a requirement made under subsection (1) or (2) or gives false or misleading information commits an offence and is liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of two years, or to both.
Referenced By
- Section 24 — Protection of information
Information disclosed under section 20