Commonwealth Consolidated Acts Commonwealth Consolidated ActsRequirements to give information
(1) The General Manager may, by written notice, require a person described in subsection ( 3) whom the General Manager reasonably believes is capable of giving blood - related information, to give that information to the General Manager by giving the General Manager either or both of the following:
(a) written answers to questions specified in the notice;
(b) such documents, or copies of documents, as are described in the notice.
Note 1: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this section.
Note 2: For document , see section 2B of the Acts Interpretation Act 1901 .
(2) A notice given under subsection ( 1) must specify:
(a) the time by which the information must be given, which must be at least 14 days after the day the notice was given; and
(b) how the information must be given.
Who may be required to give information
(3) A notice may be given under subsection ( 1) to:
(a) the person who has overall responsibility for the provision of hospital services (as defined in the Health Insurance Act 1973 ) at a private hospital (as defined in that Act); or
(b) a supplier of blood products and services in Australia ; or
(c) an importer of blood products and services into Australia ; or
(d) a person specified in the regulations.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003 .
Information that may be required to be given
(4) Blood - related information is information, other than personal information (as defined in the Privacy Act 1988 ), relating to one or more of the following matters:
(a) demand for blood products and services;
(b) supplying blood products and services (including their receipt by a hospital);
(c) forecasting:
(i) donations of human blood; or
(ii) supplies of blood products and services;
(d) benchmarking a person's performance in respect of a matter relating to blood products and services;
(e) cost of blood products and services;
(f) safety and quality of blood products and services;
(g) possible or actual risks to a sufficient supply of blood products and services in all the States and covered Territories.
Offence for failing to comply with a requirement
(5) A person commits an offence if the person fails to comply with a requirement under subsection ( 1).
Self - incrimination
(6) A person is excused from complying with a requirement made of the person under subsection ( 1) if the answer to the question or the production of the document or copy might tend to incriminate the person or expose the person to a penalty or other liability.
Note: A defendant bears an evidential burden in relation to the excuse in subsection ( 6) (see subsection 13.3(3) of the Criminal Code ).
Compensation for giving documents
(7) A person is entitled to be paid by the NBA reasonable compensation for complying with a requirement covered by paragraph ( 1)(b).