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CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 221
General power to obtain information
(1) The Secretary may require a person to give * information, or produce a
document that is in the person's custody or under the person's control, to the
Department if the Secretary considers that the information or document may be
relevant to the question of:
(a) whether a person is or was * entitled to a *
child care payment the person is * receiving or has received; or
(b) whether a person who has made a claim for a child care payment is, was
or will be entitled to the child care payment in respect of a period;
or
(c) the rate of child care payment that is, was or will be applicable to a
person; or
(d) whether an amount of a child care payment has been received by a
particular person, or has been paid into a particular account.
Note:
See section 224 for general provisions about making requirements under
this section.
(2) A person commits an offence if the person refuses or fails to comply with
a notice imposing a requirement under this section.
Penalty: 60 penalty
units.
Note: Chapter 2 of the Criminal Code sets out the general principles
of criminal responsibility.
(3) This section binds the Crown in right of the Commonwealth, of each of the
States, of the Australian Capital Territory, of the Northern Territory and of
Norfolk Island.
Note: The Crown is not liable to be prosecuted for an
offence--see section 242.
(4) This section does not require a person to give * information or produce a
document to the extent that in doing so the person would contravene a law of
the Commonwealth (other than a law of a Territory).
(5) This section extends to:
(a) acts, omissions, matters and things outside
Australia, whether or not in a foreign country; and
(b) all persons, irrespective of their nationality, who are making or who
have made a claim for a * child care payment; and
(c) all persons, irrespective of their nationality, who are * receiving,
or have received, a payment of a child care payment.
Note: State or
Territory law does not affect a person's obligations under this
section--see section 228.
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