Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if the Secretary believes, on reasonable grounds, that a person is capable of giving information, or producing any document, that is relevant for the purposes of investigating or preventing:
(a) an offence against this Act or the regulations; or
(b) a contravention of a civil penalty provision of this Act or the regulations.
Note: For paragraph (a), see the definition of offence against this Act or the regulations in section 7.
Notice to produce
(2) The Secretary may, by written notice, require the person to give the information, or produce the document, to an inspector.
(3) The notice must specify the following:
(a) how the person is to give the information or produce the document;
(b) the period (which must be at least 14 days after the day the notice is given) within which the person is to give the information or produce the document;
(c) the effect of subsection (4) and sections 137.1 and 137.2 of the Criminal Code .
(4) A person contravenes this subsection if:
(a) the person is given a notice under subsection (2); and
(b) the person fails to comply with the notice within the period specified in the notice.
Strict liability offence
(5) A person commits an offence of strict liability if the person contravenes subsection (4).
Civil penalty
(6) A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 30 penalty units.
Individuals not excused from giving information or producing documents in certain circumstances
(7) An individual is not excused from giving information or producing a document under this section on the ground that giving the information or producing the document might tend to incriminate the individual in relation to an offence.
Note: A body corporate is not entitled to claim the privilege against self - incrimination.
(8) However:
(a) the information given or document produced; and
(b) the giving of the information or the production of the document; and
(c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information or the production of the document;
are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against:
(d) this section; or
(e) section 137.1 or 137.2 of the Criminal Code that relates to this section.
(9) If, at general law, an individual would otherwise be able to claim the privilege against self - exposure to a penalty (other than a penalty for an offence) in relation to giving information or producing a document under this section, the individual is not excused from giving the information or producing the document under this section on that ground.
Note: A body corporate is not entitled to claim the privilege against self - exposure to a penalty.