Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Section 709 (note)
After "713", insert ", 713A".
2 Paragraphs 713(2)(d) and (e)
Repeal the paragraphs.
3 After section 713
Insert:
713A Certain records and documents are inadmissible
The following are not admissible in evidence in criminal proceedings against an individual:
(a) any record or document inspected or copied under paragraph 709(e) of which the individual had custody, or to which the individual had access, when it was inspected or copied;
(b) any information, document or thing obtained as a direct or indirect consequence of inspecting or copying a record or document of which the individual had custody, or to which the individual had access, when it was inspected or copied under paragraph 709(e).
4 Sections 140X, 140Y, 140Z and 140ZA
Repeal the sections, substitute:
140X Purpose for which powers of inspectors may be exercised
The powers of an inspector under this Subdivision may be exercised:
(a) for the purpose of determining whether a sponsorship obligation is being, or has been, complied with; or
(b) for a purpose prescribed by the regulations.
140XA When powers of inspectors may be exercised
An inspector may exercise powers under this Subdivision:
(a) at any time during working hours; or
(b) at any other time, if the inspector reasonably believes that it is necessary to do so for the purposes referred to in section 140X.
140XB Power of inspectors to enter premises or places
(1) An inspector may, without force, enter business premises or another place, if the inspector reasonably believes that there are records or documents relevant to the purposes referred to in section 140X on the premises or at the place, or accessible from a computer on the premises or at the place.
(2) The inspector must, either before or as soon as practicable after entering those premises or that place, show his or her identity card to the occupier, or another person who apparently represents the occupier, if the occupier or other person is present at the premises or place.
140XC Powers of inspectors while on premises or at a place
An inspector who enters premises or a place under section 140XB may exercise one or more of the following powers while on the premises or at the place:
(a) inspect any work, process or object;
(b) interview any person;
(c) require a person to tell the inspector who has custody of, or access to, a record or document;
(d) require a person who has the custody of, or access to, a record or document to produce the record or document to the inspector either while the inspector is on the premises or at the place, or within a specified period;
(e) inspect, and make copies of, any record or document that:
(i) is kept on the premises or at the place; or
(ii) is accessible from a computer that is kept on the premises or at the place.
Note: See also sections 140XG, 140XH and 140XI (which deal with self - incrimination and produced documents etc.).
140XD Persons assisting inspectors
(1) A person (the assistant ) may accompany the inspector onto the premises or to the place to assist the inspector if the Secretary is satisfied that:
(a) the assistance is necessary and reasonable; and
(b) the assistant has suitable qualifications and experience to properly assist the inspector.
(2) The assistant:
(a) may do such things on the premises or at the place as the inspector requires to assist the inspector to exercise powers under this Subdivision; but
(b) must not do anything that the inspector does not have power to do.
(3) Anything done by the assistant is taken for all purposes to have been done by the inspector.
140XE Power to ask for person's name and address
(1) An inspector may require a person to tell the inspector the person's name and address if the inspector reasonably believes that the person has contravened a civil penalty provision.
(2) If the inspector reasonably believes that the name or address is false, the inspector may require the person to give evidence of its correctness.
(3) A person contravenes this subsection if:
(a) the inspector requires the person to do a thing referred to in subsection ( 1) or (2); and
(b) the inspector advises the person that he or she may contravene a civil penalty provision if he or she fails to comply with the requirement; and
(c) the inspector shows his or her identity card to the person; and
(d) the person does not comply with the requirement.
Civil penalty:
(a) for an individual--60 penalty units; and
(b) for a body corporate--300 penalty units.
(4) Subsection ( 3) does not apply if the person has a reasonable excuse.
140XF Power to require persons to produce records or documents
(1) An inspector may require a person, by notice, to produce a record or document to the inspector.
(2) The notice must:
(a) be in writing; and
(b) be served on the person; and
(c) require the person to produce the record or document at a specified place within a specified period of at least 7 days.
The notice may be served by sending the notice to the person's fax number.
(3) A person contravenes this subsection if:
(a) the person is served with a notice to produce under subsection ( 1); and
(b) the person fails to comply with the notice.
Civil penalty:
(a) for an individual--60 penalty units; and
(b) for a body corporate--300 penalty units.
(4) Subsection ( 3) does not apply if the person has a reasonable excuse.
(1) A person is not excused from producing a record or document under paragraph 140XC(d), or subsection 140XF(1), on the ground that the production of the record or document might tend to incriminate the person or expose the person to a penalty.
(2) However, in the case of an individual, none of the following are admissible in evidence against the individual in criminal proceedings:
(a) the record or document produced;
(b) producing the record or document;
(c) any information, document or thing obtained as a direct or indirect consequence of producing the record or document;
except in proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) in relation to the information or document.
140XH Certain records and documents are inadmissible
The following are not admissible in evidence in criminal proceedings against an individual:
(a) any record or document inspected or copied under paragraph 140XC(e) of which the individual had custody, or to which the individual had access, when it was inspected or copied;
(b) any information, document or thing obtained as a direct or indirect consequence of inspecting or copying a record or document of which the individual had custody, or to which the individual had access, when it was inspected or copied under paragraph 140XC(e).
140XI Power to keep records or documents
(1) If a record or document is produced to an inspector in accordance with this Subdivision, the inspector may:
(a) inspect, and make copies of, the record or document; and
(b) keep the record or document for such period as is necessary.
(2) While an inspector keeps a record or document, the inspector must allow the following persons to inspect, or make copies of, the record or document at all reasonable times:
(a) the person who produced the record or document;
(b) any person otherwise entitled to possession of the record or document;
(c) a person authorised by the person referred to in paragraph ( b).
140XJ Disclosure of information by the Secretary
Information to which this section applies
(1) This section applies to the following information:
(a) information acquired by an inspector in the course of performing functions, or exercising powers, as an inspector under this Subdivision;
(b) information acquired by a person in the course of assisting an inspector under section 140XD.
Disclosure that is necessary or appropriate, or likely to assist administration or enforcement
(2) The Secretary may disclose, or authorise the disclosure of, the information if the Secretary reasonably believes:
(a) that it is necessary or appropriate to do so in the course of performing functions, or exercising powers, under Division 3A of Part 2 of this Act; or
(b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.