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SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 106

Power to obtain information

  (1)   Without limiting the generality of section   105, the Authority may, by notice in writing, require an employer to give the Authority, within such reasonable period as is specified in the notice, such documents or information (or both) as are specified in the notice, being documents or information in the possession or control of the employer that are relevant to the compilation of statistics for injury prevention purposes.

  (2)   Without limiting the generality of section   105, if a declaration is made under section   100 the Authority may, by notice in writing, require an employer to give the Authority, within such reasonable period as is specified in the notice, such documents or information (or both) as are specified in the notice, being documents or information in the possession or control of the employer that are relevant to a claim made by, or in relation to, an employee of the employer.

  (3)   An employer must not fail to comply with a request made under subsection   (1) or (2).

Penalty:   20 penalty units.

  (4)   Subsection   (3) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (5)   Subsection   (3) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (5) (see subsection   13.3(3) of the Criminal Code ).



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