ABC Commissioner may require information, documents etc.

(1)

If the ABC Commissioner believes on reasonable grounds that a person:

(a) has information or documents relevant to an investigation; or
(b) is capable of giving evidence that is relevant to an investigation;

the ABC Commissioner may, by written notice given to the person, require the person:

(c) to give the information to the ABC Commissioner, or to an assistant, by the time, and in the manner and form, specified in the notice; or
(d) to produce the documents to the ABC Commissioner, or to an assistant, by the time, and in the manner, specified in the notice; or
(e) to attend before the ABC Commissioner, or an assistant, at the time and place specified in the notice, and answer questions relevant to the investigation.

(2)

The time specified under paragraph (1)(c), (d) or (e) must be at least 14 days after the notice is given.

Legal representation

(3)

A person attending before the ABC Commissioner, or before an assistant, as mentioned in paragraph (1)(e) may, if the person so chooses, be represented by a person who, under the Judiciary Act 1903 , is entitled to practise as a barrister or solicitor, or both, in a federal court.

Oath or affirmation

(4)

The ABC Commissioner, or an assistant, may require the information or answers to be verified by, or given on, oath or affirmation, and either orally or in writing. For that purpose, the ABC Commissioner, or an assistant, may administer the oath or affirmation.

(5)

The oath or affirmation is an oath or affirmation that the information or answers are or will be true.

Offence

(6)

A person commits an offence if:

(a) the person has been given a notice under subsection (1); and
(b) the person fails:
(i) to give the required information by the time, and in the manner and form, specified in the notice; or
(ii) to produce the required documents by the time, and in the manner, specified in the notice; or
(iii) to attend to answer questions at the time and place specified in the notice; or
(iv) to take an oath or make an affirmation, when required to do so under subsection (4); or
(v) to answer questions relevant to the investigation while attending as required by the notice.

Penalty: Imprisonment for 6 months.

Effect of other laws

(7)

The operation of this section is not limited by any secrecy provision of any other law (whether enacted before or after the commencement of this section), except to the extent that the secrecy provision expressly excludes the operation of this section. For this purpose, secrecy provision means a provision that prohibits the communication or divulging of information.

Definitions

(8)

In this section: