Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 93.2

  (1)   This section applies if:

  (a)   a person is given a notice under subsection   93 - 1(2); and

  (b)   the notice requires the person to attend before an * authorised officer to answer questions; and

  (c)   the person attends before the authorised officer for that purpose.

  (2)   The * authorised officer may question the person on oath or affirmation and may, for that purpose:

  (a)   require the person to take an oath or make an affirmation; and

  (b)   administer an oath or affirmation to the person.

  (3)   The oath or affirmation to be taken or made by the person for the purposes of subsection   (2) is an oath or affirmation that the statements that the person will make will be true.

Circumstances in which a person is not required to take an oath etc.

  (4)   A person is not required to comply with a requirement under subsection   (2) to take an oath or make an affirmation for the purposes of answering questions if those questions do not relate to the affairs of an approved provider that is a * corporation.

Note:   Approved providers have a responsibility under paragraph   63 - 1(1)(b) to cooperate with a person who is performing functions, or exercising powers, under this Part. Failure to comply with that responsibility may result in a sanction being imposed on the provider under Part   7B of the * Quality and Safety Commission Act.

Offence

  (5)   A person commits an offence if:

  (a)   the person is required by an * authorised officer to take an oath or make an affirmation for the purposes of answering questions; and

  (b)   the person refuses or fails to comply with the requirement; and

  (c)   the questions relate to the affairs of an approved provider and the provider is a * corporation.

Penalty:   30 penalty units.