Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication
(1) This section applies if:
(a) the investigating Commissioner for a conduct issue has reasonable grounds to believe that a person has information, or a document or thing, that is relevant to:
(i) a preliminary inquiry mentioned in section 24CG in relation to the issue; or
(ii) the investigation of the issue under Subdivision C of Division 3; or
(iii) the preparation of a report under Subdivision D of Division 3 on the issue; or
(b) a review panel dealing with an application for review under Division 4 has reasonable grounds to believe that a person has information, or a document or thing, that is relevant to the review.
Notice to give information etc.
(2) The Commissioner or panel may, by written notice given to the person, require the person to:
(a) give any such information to the Commissioner or panel; or
(b) produce any such document or thing to the Commissioner or panel; or
(c) attend an interview with the Commissioner or panel, including to make a statement or answer questions.
Note: This does not affect the law relating to parliamentary privileges and immunities (see section 67).
(3) The notice must:
(a) if the notice requires the person to give information or produce a document or thing--specify:
(i) the period (which must be at least 14 days after the notice is given to the person) within which the person is required to comply with the notice; and
(ii) the manner in which the person is required to comply with the notice; and
(b) if the notice requires the person to attend an interview--specify:
(i) a time and place at which the person is to attend; and
(ii) the nature of the matter to which the interview will relate; and
(c) in any case--state the effect of sections 24FA (when compliance with notice is not required) and 24FB (offence--failure to comply with notice to give information etc.) of this Act, and sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).
Person may notify Commissioner or panel if unable to attend interview
(4) If:
(a) the notice requires the person to attend an interview; and
(b) there is a reason why it is not reasonably practicable for the person to do so;
the person may, within 7 days after receiving the notice, notify the Commissioner or panel of the reason.
Note: A person commits an offence if the person fails to comply with a requirement of a notice under this section unless it is not reasonably practicable for the person to do so (see section 24FB).