Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) If a person claims—
(a) to be entitled to refuse to answer a question put to the person, or to produce a document that the person was required to produce, at a hearing before the authority; or
(b) to be entitled to refuse to produce a document that the person is required to produce by a notice under section 17;
the authority must decide, as soon as practicable, whether in its opinion the claim is justified and tell the person of its decision.
Note See the Commonwealth Act, s 32 (as modified by s 32B) and s 32A (as modified by s 32C), which provide for applications to the Federal Court in relation to requirements to answer questions and produce documents.
(2) A prosecution for an offence against section 17 (3) or 18 (13) must not be begun for a failure by a person to answer a question until—
(a) if the person has claimed to be entitled to refuse to answer the question, and the authority decides under subsection (1) that, in its opinion, the claim is not justified—the end of 5 days (excluding days when the registry of the Federal Court is closed) immediately after the relevant day for the decision; or
(b) if the person has made an application under the Commonwealth Act, section 32 (2) (as it has effect because of that Act, section 32B) to the Federal Court for an order of review for a decision by the authority that, in its opinion, a claim by the person to be entitled to refuse to answer the question is not justified—the application, and any appeal from an order made by the Federal Court on the application, have been decided or otherwise disposed of.
(3) A prosecution for an offence against section 17 (3) or 18 (13) must not be begun for a failure by a person to produce a document until—
(a) if the person has claimed to be entitled to refuse to produce the document, and the authority decides under subsection (1) that, in its opinion, the claim is not justified—the end of 5 days (excluding days when the registry of the Federal Court is closed) immediately after the relevant day for the decision; or
(b) if the person has made an application under the Commonwealth Act, section 32 (2) (as it has effect because of that Act, section 32B) to the Federal Court for an order of review for a decision by the authority that, in its opinion, a claim by the person to be entitled to refuse to produce the document is not justified—the application and any appeal from an order made by the Federal Court on the application, have been decided or otherwise disposed of; or
(c) if the person has given the authority a notice about the document in accordance with the Commonwealth Act, section 32 (8A) (as it has effect because of that Act, section 32B)—the end of 5 days (excluding days when the registry of the Federal Court is closed) immediately after the relevant day for the notice; or
(d) if the person has made an application about the document under the Commonwealth Act, section 32 (8) (as it has effect because of that Act, section 32B)—the application, and any appeal from an order made by the Federal Court on the application, have been decided or otherwise disposed of.
(4) In this section:
"document" includes a thing.
"prescribed notice" means a notice stating as mentioned in the Commonwealth Act, section 32A (2) (c) (as it has effect because of that Act, section 32C).
"relevant day" means—
(a) for a decision of the authority under subsection (1)—the day when the authority gives to the person to whom the decision relates a prescribed notice about the decision; and
(b) for a notice given by a person under the Commonwealth Act, section 32 (8A) (as it has effect because of that Act, section 32B)—the day when the authority gives to the person a prescribed notice about the notice given by the person.