Commonwealth Consolidated Regulations

MUTUAL ASSISTANCE IN BUSINESS REGULATION REGULATIONS 1992 - REG 7

    For the purposes of section 21 of the Act, the following allowances are prescribed for a person attending at a place to give information or evidence, or to produce documents, under the Act:

  (a)   the reasonable cost of travel between the person's place of residence and the first-mentioned place, and return; and

  (b)   if the person has to be absent from his or her place of residence for at least 1 night   -- the reasonable c ost of meals and accommodation.

Schedule 1   Forms

(regulation 6)

Form 1   Notice under section 10 of the Act to give information, to produce documents or to appear in order to give evidence and produce documents

(regulation 6)

COMMONWEALTH OF AUSTRALIA

Mutual Assistance in Business Regulation Act 1992

NOTICE UNDER SECTION 10 OF THE ACT TO GIVE INFORMATION, TO PRODUCE DOCUMENTS OR TO APPEAR IN ORDER TO GIVE EVIDENCE AND PRODUCE DOCUMENTS

To:   [ Name of person or body corporate ]

of:   [ address of person or body corporate ]

[ Name of Commonwealth regulator ], a Commonwealth regulator for the purposes of the Mutual Assistance in Business Regulation Act 1992 , gives you notice, under section 10 of that Act, that you are required:

  *(a)   to give to   [ Name of Commonwealth regulator ]   , by instrument signed by               [ you * / a competent officer* ]               , within the following time:

  [ state time ]   , and in the following manner:

[ state manner ]   , the following information that relates to a foreign request               [ state the nature and substance of the request ]               under section 6 of that Act:

  [ state information ];

  *(b)   to produce to   [ state Commonwealth regulator or person acting on its behalf ]               documents to which the request relates (including in particular               [ state the nature and substance of the request and identify any specific documents ]*);

  *(c)   to appear [ in the case of a body corporate, insert 'by a competent officer']               before               [ state person before whom the addressee or competent officer is to appear ]               at the following place:

  [ state address of place with sufficient particularity ]   at:

  [ state time ]   on   [ state day of week and date ]

  to give evidence [ state 'orally' or 'in writing'] to which the request relates and to produce documents to which the request relates (including in particular               [ state the nature and substance of the request and identify any specific documents ]*).

The following conditions have been specified under subparagraph 7 (1) (a) (ii) or paragraph 9 (2) (a) of the Act:

  [ state the conditions, or write 'nil', as appropriate ]

  * delete as appropriate

  Dated:

--------------------------------

( Signature )

For [ state name of Commonwealth

regulator ]

NOTES:

1.   Under section 13 of the Mutual Assistance in Business Regulation Act 1992 , it is an offence, for which maximum penalty is 2 years' imprisonment, if a person, without reasonable excuse, fails to comply with a requirement of section 10 of the Act or, in purported compliance with that section, gives evidence or information knowing it to be false or misleading in a material particular.

2.   Section 14 of the Act provides that, for the purposes of section 13, it is not a reasonable excuse for a person to refuse or fail to give information or evidence, or to produce documents, that the information, evidence or production of documents might tend to incriminate the person or make the person liable to a penalty.

3.   In addition, section 14 provides that the information or evidence may not be used in a criminal proceeding or a proceeding for the imposition of a penalty, other than a proceeding in respect of the falsity of the information or the evidence.

Notes to the Mutual Assistance in Business Regulation Regulations 1992

Note 1

The Mutual Assistance in Business Regulation Regulations 1992 (in force under the Mutual Assistance in Business Regulation Act 1992 ) as shown in this compilation comprise Statutory Rules 1992 No.   331 amended as indicated in the Tables below.

Table of Instruments

Table of Amendments