Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where CSC has reason to believe that a person is capable of giving information or producing a document relating to a matter that is relevant to the operation of this Act, the superseded Act or regulations under either Act in relation to the person or to another person for whom the first - mentioned person is authorised to act in relation to this Act, CSC may, by notice in writing served on the first - mentioned person, require the first - mentioned person:
(a) to give to CSC, by writing signed by the first - mentioned person or, in the case of a body corporate, by a competent officer of the body corporate, any such information; or
(b) to produce to CSC or to a Secretary within the meaning of the Public Service Act, or other person engaged under that Act, specified in the notice acting on CSC's behalf, any such document.
(1A) For the purposes of subsection (1), the information must be given, or the document must be produced:
(a) within 14 days after the day the notice was served; and
(b) in the manner specified in the notice.
(2) A notice under this section requiring a person to give information or produce a document shall set out the effects of subsections (3) and (5) of this section and section 137.2 of the Criminal Code .
(3) A person shall not refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it.
Penalty: Imprisonment for 6 months, or 30 penalty units, or both.
Note: Part IA of the Crimes Act 1914 contains provisions dealing with penalties.
(5) A person is not excused from giving information or producing a document in pursuance of this section on the ground that the information or the production of the document might tend to incriminate the person, but the information, the production of the document or any information, document or thing obtained as a direct or indirect consequence of the information or the production shall not be used in evidence against the person:
(a) in the case of an individual--in any criminal proceedings other than:
(i) proceedings under, or arising out of, this section; or
(ii) a prosecution for an offence against section 137.1 of the Criminal Code that relates to this section; or
(b) in the case of a body corporate--in any criminal proceedings other than:
(i) proceedings under, or arising out of, this Act, the superseded Act or regulations under either Act; or
(ii) a prosecution for an offence against the Criminal Code that relates to this Act.
(6) CSC may inspect a document produced in pursuance of a notice under subsection (1) and may make copies of, or take extracts from, the document.
(7) CSC may, for the purposes of this Act, take, and retain for so long as is necessary for those purposes, possession of a document produced in pursuance of a notice under subsection (1) but the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by CSC to be a true copy and the certified copy shall be received in all courts as evidence as if it were the original.
(8) Until a certified copy of a document referred to in subsection (7) is supplied, CSC shall, at such times and place as CSC thinks appropriate, permit the person otherwise entitled to the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.
(9) The powers conferred on CSC by a provision of this Act other than this section are in addition to, and not in derogation of, the powers conferred on CSC by this section.