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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 - SECT 61B

ABC Commissioner may apply to nominated AAT presidential member for examination notice

General requirements

             (1)  The ABC Commissioner may apply, in writing, to a nominated AAT presidential member for the issue of an examination notice referred to in subsection (2) if the ABC Commissioner believes on reasonable grounds that a person:

                     (a)  has information or documents relevant to an investigation by an inspector into a suspected contravention, by a building industry participant, of this Act or a designated building law; or

                     (b)  is capable of giving evidence that is relevant to such an investigation.

             (2)  The examination notice may require the person:

                     (a)  to give information to the ABC Commissioner; or

                     (b)  to produce documents to the ABC Commissioner; or

                     (c)  to attend before the ABC Commissioner and answer questions relevant to the investigation.

Form and content of application

             (3)  An application for an examination notice must:

                     (a)  if a form is prescribed by the regulations--be in that form; and

                     (b)  include any information prescribed by the regulations.

             (4)  An application for an examination notice must not relate to more than one person, but may relate to more than one investigation.

Application must be accompanied by affidavit

             (5)  An application for an examination notice must be accompanied by an affidavit by the ABC Commissioner including the following:

                     (a)  the name of the person to whom the application relates;

                     (b)  details of the investigation (or investigations) to which the application relates;

                     (c)  the grounds on which the ABC Commissioner believes the person has information or documents, or is capable of giving evidence, relevant to the investigation (or investigations) referred to in paragraph (b);

                     (d)  details of other methods used to attempt to obtain the information, documents or evidence;

                     (e)  the number (if any) of previous applications for an examination notice that the ABC Commissioner has made in relation to the person in respect of the investigation (or investigations) referred to in paragraph (b);

                      (f)  information about whether the ABC Commissioner has made, or expects to make, any other applications for an examination notice in relation to the investigation (or investigations) referred to in paragraph (b) and, if so, the persons to whom those applications relate.

Further information

             (6)  A nominated AAT presidential member to whom an application for an examination notice is made may request the ABC Commissioner to give the presidential member further information in relation to the application.

             (7)  If a request for further information is made under subsection (6), the ABC Commissioner must give the further information in writing as soon as practicable after receiving the request.



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