Australian Capital Territory Repealed Acts

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This legislation has been repealed.

NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS) ACT 1991 (REPEALED) - SECT 17

Power to obtain documents

    (1)     A member may, by written notice served on a person, require the person—

        (a)     to attend, at a time and place specified in the notice, before a person specified in the notice, being a member of the authority or a member of the staff of the authority; and

        (b)     to produce at that time and place to the person so specified a document or thing specified in the notice, being a document or thing that is relevant to a special investigation.

    (2)     A notice may be issued under this section in relation to a special investigation whether or not a hearing before the authority is being held for the purposes of the investigation.

    (3)     A person must not, without reasonable excuse, fail to comply with a notice served under this section on the person.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (4)     Section 18 (3) to (12) applies in relation to a person who is required to produce a document or thing by a notice served under this section in the same manner as they apply in relation to a person who is required to produce a document or thing at a hearing before the authority and so apply as if a reference in those subsections to section 18 (2) were a reference to subsection (3) of this section.

    (5)     If a person who is required by a notice served under this section to produce a document or thing claims to the person (the relevant person ) to whom the claimant is required to produce it that the claimant is entitled to refuse to produce the document or thing, the relevant person shall—

        (a)     if satisfied that the claim is justified—inform the claimant that the requirement will not be insisted on; or

        (b)     in any other case—inform the claimant that the relevant person is not so satisfied and, if the document or thing is not produced forthwith, refer the claim to the authority for decision under section 20.



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