Commonwealth Consolidated Acts

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COASTAL TRADING (REVITALISING AUSTRALIAN SHIPPING) ACT 2012 - SECT 79

Notice to give information or produce document or thing

  (1)   For the purposes of this Act, an authorised person may, by notice in writing, require a person to do one or more of the following:

  (a)   give the information specified in the notice;

  (b)   produce the documents or things specified in the notice;

  (c)   appear before an authorised person specified in the notice to answer any questions put by the authorised person;

if the authorised person has reasonable grounds to believe that the person is capable of giving the information, producing the documents or things, or answering the questions.

  (2)   The authorised person may require that information to be provided under paragraph   ( 1)(a) is to be provided in writing.

  (3)   The authorised person may require that:

  (a)   information to be provided under paragraph   ( 1)(a) be verified on oath; or

  (b)   answers under paragraph   ( 1)(c) be given on oath;

and for that purpose the authorised person may administer an oath.

  (4)   The notice must:

  (a)   be served on the person; and

  (b)   be signed by the authorised person; and

  (c)   if paragraph   ( 1)(a) or (b) applies--specify the period within which the person must comply with the notice; and

  (d)   if paragraph   ( 1)(c) applies--both:

  (i)   specify the time and place at which the person must appear; and

  (ii)   state that the person may be accompanied by a lawyer; and

  (e)   set out the effect of sections   81 and 82 .

  (5)   The period specified under paragraph   ( 4)(c) must be at least 14 days after the notice is served on the person.

  (6)   The person must comply with the notice within the time specified in the notice, or within such further time as the authorised person allows.

Note:   Failure to comply with a notice is an offence, see section   81 .



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