Many businesses operate under some sort of oversight from a government regulator, usually through a licensing regime. Much like being permitted to drive a vehicle, being granted a licence is considered a privilege; not a right. Each regime is established under statute. The relevant Act will provide for the means by which the government regulator can conduct investigations; the more susceptible the type of industry is to participants operating outside the regime, the more expansive the powers of investigation. One tool in an investigator’s toolkit is the power to issue a notice requiring a licensee to produce certain records of the business. This is usually an investigator’s first step in an investigation and can assist the investigator in determining whether any apparent concerns are unjustified or whether further investigation is required. The relevant legislation will prescribe what records can be requested. It will also provide for a monetary penalty (sometimes worse) for non-compliance and whether there are any exceptions to the need to comply.
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