Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) An examiner may, by written notice served on a person, require the person—
(a) to attend, at a stated time and place, before a stated person, who is the examiner or a member of the staff of the ACC; and
(b) to produce at that time and place to the stated person a stated document or thing, being a document or thing that is relevant to a special ACC operation/investigation.
(2) Before issuing a notice under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so.
(3) The examiner must also record in writing the reasons for the issue of the notice.
(4) A notice may be issued under this section in relation to a special ACC operation/investigation, whether or not an examination before an examiner is being held for the purposes of the operation or investigation.
(5) A person commits an offence if the person—
(a) is served with a notice under subsection (1); and
(b) intentionally—
(i) fails to attend the examination at the stated time or place; or
(ii) fails to produce a stated document or thing
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note Under the Crimes Act 1900 , s 375 (Summary disposal of certain cases), the Magistrates Court may, in certain circumstances, deal summarily with offences (other than those involving money or other property) for which the maximum penalty does not exceed imprisonment for 10 years. However, the court may not impose a sentence of imprisonment exceeding 2 years or impose a fine exceeding $5 000.
(6) Section 26 (4) to (9) (Failure of witnesses to attend and answer questions) apply in relation to a person who is required to produce a document or thing by a notice served on the person under this section in the same way they apply in relation to a person who is required to produce a document or thing at an examination before an examiner.