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Production of documents and evidence on investigation
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48. (1) An officer or agent of an AHB shall, when required to do so by an inspector—
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(a) give to the inspector all information and records relating to the AHB that are in his or her possession, under his or her control or within his or her procurement,
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(b) attend before an inspector to give the information concerned, and
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(c) give to an inspector all such other assistance in connection with the investigation as he or she is reasonably capable of giving.
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(2) An inspector may require a person (other than an officer or agent of an AHB) whom he or she considers has any information or records relating to the affairs of the AHB in the person’s possession, under the person’s control or within the person’s procurement—
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(a) to give that information or those records, as the case may be, to the inspector, and
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(b) where the inspector thinks fit, to attend before the inspector to give the information concerned,
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and the person shall comply with the requirement.
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(3) A requirement under subsection (1) or (2) shall specify—
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(a) a reasonable period within which, or a date and time on which, the person the subject of the requirement is to comply with it, and
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(b) as the inspector concerned thinks fit—
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(i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the records concerned, or
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(ii) the place to which the person shall send the information or the records concerned.
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(4) If an inspector has reasonable grounds for believing that a director, member or trustee, as the case may be, of an AHB whose affairs the inspector is investigating maintains or has maintained a bank account (howsoever described), whether alone or jointly with another person and whether in the State or elsewhere, into or out of which there has been paid money that is connected with any act or omission by that director, member or trustee constituting misconduct (whether fraudulent or not) in respect of that AHB, the inspector may require that director, member or trustee to produce to the inspector all documents in the possession of that director, member or trustee, under his or her control or within his or her procurement, relating to that bank account.
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(5) An inspector may examine on oath a director, member or other officer or a member of staff or agent of the AHB, or a person to whom subsection (2) applies, in relation to the affairs of the AHB, and may issue an oath accordingly.
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