Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a controlled person if the CEO believes, on reasonable grounds, that the person has information or a document that is relevant for the purpose of finding out whether this Act, the regulations or the conditions of a licence have been complied with.
(2) The CEO may, for that purpose, require the controlled person, by written notice given to the person, to:
(a) give information to the CEO; or
(b) produce to the CEO documents in the person's custody or control, or copies of such documents; or
(c) answer questions specified in the notice; or
(d) if the person is an individual--appear before the CEO at a time and place specified in the notice to give information or answer questions, either orally or in writing, or produce to the CEO documents in the person's custody or control, or copies of such documents; or
(e) if the person is a body corporate--cause a competent officer of the body to appear before the CEO at a time and place specified in the notice to give information or answer questions, either orally or in writing, or produce to the CEO documents in the person's custody or control, or copies of such documents.
(3) If the notice makes a requirement under paragraph (2)(a), (b) or (c), the controlled person must comply with the requirement:
(a) within 28 days after the notice is given (unless paragraph (b) applies); or
(b) if a shorter period is specified in the notice--within that shorter period.
(4) If the notice makes a requirement under paragraph (2)(d) or (e), the time specified in the notice as mentioned in that paragraph may be any reasonable time after the notice is given.
(5) If the controlled person is an individual, the individual is excused from giving information, answering a question or producing a document in accordance with the notice if the information, the answer or the production of the document might tend to incriminate the individual or to expose the individual to a penalty.
(6) The controlled person (the recipient ) is excused from giving information, answering a question or producing a document in accordance with the notice if doing so would involve a contravention of an obligation under an international agreement:
(a) to which Australia, the recipient or another controlled person is a party; and
(b) that relates specifically to:
(i) the recipient; or
(ii) if the recipient is an officer or an employee of a controlled person--that controlled person.
Note: In a prosecution for an offence against section 44B, a defendant bears an evidential burden in relation to the matters in subsections (5) and (6) of this section (see subsection 13.3(3) of the Criminal Code ).