Commonwealth Numbered Acts

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Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT 15

Power to require persons to answer questions and produce documents

15. (1) Subject to sub-section (2), a Collector or an authorized officer may,
by notice signed by him, require a person whom he believes to be capable of
giving information relevant to the operation of this Act in relation to the
manufacture (including the cost of manufacture), sale or other disposal, or
use of bountiable cabs to attend before him at the time and place specified in
the notice and there to answer questions and to produce to him such accounts,
books, documents and other records in relation to the manufacture (including
the cost of manufacture), sale or other disposal, or use of bountiable cabs as
are referred to in the notice.

(2) A notice made under sub-section (1) in relation to a bountiable cab shall
not be given to a person who purchased the cab to fit it to a tractor used, or
intended to be used, by him in agriculture.

(3) A notice under sub-section (1) requiring a person to produce an account,
book, document or record shall set out the effect of sub-section (4).

(4) A person who, in pursuance of a notice under sub-section (1), produces an
account, book, document or record kept, made or prepared by another person
that, to the knowledge of the first-mentioned person, is false or misleading
in a material particular shall, upon so producing the account, book, document
or record, give to the person to whom the first-mentioned person is required
to produce the account, book, document or record, a statement in writing
signed by the first-mentioned person or, in the case of a body corporate, by a
competent officer of the body corporate-

   (a)  stating that the account, book, document or record is, to the
        knowledge of the first-mentioned person, false or misleading in a
        material particular; and

   (b)  setting out, or referring to, the material particular in respect of
        which the account, book, document or record is, to the knowledge of
        the first-mentioned person, false or misleading.

Penalty: $1,000 or imprisonment for 6 months, or both.

(5) A Collector or an authorized officer may make copies of, or take extracts
from, any accounts, books, documents or other records produced in pursuance of
this section.

(6) A person is not excused from answering a question or producing any
accounts, books, documents or other records when required so to do under this
section on the ground that the answer to the question, or the production of
the accounts, books, documents or other records, might tend to incriminate him
or make him liable to a penalty, but his answer to any such question, or the
production by him of any such account, book, document or other record is not
admissible in evidence against him in criminal proceedings other than
proceedings under, or arising out of sub-section (4) of this section,
sub-section 17 (1) by virtue of paragraph 17 (1) (c) or sub-section 17 (3) by
virtue of paragraph 17 (3) (a), being that last-mentioned paragraph in its
application to the making of a statement in pursuance of this section.

(7) Where a manufacturer of bountiable cabs or a person employed by a
manufacturer, has failed to attend or to answer a question, or to produce any
account, book, document or other record, when required so to do under this
section, bounty is not payable to the manufacturer, unless the Minister
otherwise directs, until the manufacturer or that person has attended,
answered the question or produced the account, book, document or other record,
as the case may be. 


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