Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973 - SECT 347

Requirement by written notice

  (1)   A requirement made to a person under section   343, 344 or 345 must be by written notice given to the person.

Note:   Sections   28A and 29 of the Acts Interpretation Act 1901 , and section   9 of the Electronic Transactions Act 1999 , set out methods by which the notice may be given.

Contents of notice

  (2)   The notice must specify:

  (a)   a description of the information or document to which the requirement relates; and

  (b)   how the person is to give the information or produce the document to which the requirement relates; and

  (c)   the period within which the person is to give the information or produce the document; and

  (d)   the officer (if any) to whom the information is to be given or the document is to be produced; and

  (e)   that the notice is given under this section.

Note:   The notice may describe the information or documents by class (see subsection   33(3AB) of the Acts Interpretation Act 1901 ).

Time limit for providing information or document

  (4)   For the purposes of paragraph   (2)(c), the period must not end earlier than 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of this Act, to specify a shorter period.

Appearance before officer

  (5)   The notice may require the person to give the information by appearing (or, if the person is a body corporate, to arrange for a person to appear) before a particular officer to answer questions.

Time and place for appearance

  (6)   If the notice requires the person to appear before an officer, the notice must specify:

  (a)   a time and place at which the person is to appear; and

  (b)   that the person may be accompanied by a lawyer.

  (7)   For the purposes of subsection   (6), the time must be at least 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of this Act, to specify an earlier time.

  (10)   A person must not refuse or fail to comply with a requirement made under section   343, 344 or 345.

Penalty:   Imprisonment for 12 months.

  (11)   Subsection   (10) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (11) (see subsection   13.3(3) of the Criminal Code ).

  (12)   Subsection   (10) does not apply to the extent that the person is not capable of complying with the requirement.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (12) (see subsection   13.3(3) of the Criminal Code ).

  (13)   For the purposes of an offence against subsection   (10), strict liability applies to the physical element of circumstance, that the requirement was made under section   343, 344 or 345.

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