Commonwealth Numbered Acts

DISABILITY SERVICES ACT 1986 No. 129 of 1986 - SECT 27

27. (1) Where the Secretary believes on reasonable grounds that a person is
capable of furnishing information, producing documents or giving evidence in
relation to any matter that might affect, or have affected-

   (a)  the payment of an allowance under this Part to the person or any other
        person; or

   (b)  the liability of the person or any other person to pay an amount to
        the Commonwealth under section 23, the Secretary may, by notice served
        on the person, require the person-

   (c)  to furnish, within a reasonable period and in a reasonable manner,
        being a period and manner specified in the notice, any such
        information to an officer specified in the notice;

   (d)  to produce, within a reasonable period and in a reasonable manner,
        being a period and manner specified in the notice, any such documents
        to an officer specified in the notice; or

   (e)  to appear, at a reasonable time and place specified in the notice,
        before an officer specified in the notice to give any such evidence,
        either orally or in writing, and to produce any such documents.

(2) An officer specified in a notice given pursuant to paragraph (1) (e) may
require any evidence that is to be given to the officer in compliance with the
notice to be given on oath or affirmation, and for that purpose the officer
may administer an oath or affirmation.

(3) A person shall not-

   (a)  refuse or fail to comply with a notice under sub-section (1) to the
        extent that the person is capable of complying with it; or

   (b)  in purported compliance with such a notice, knowingly furnish
        information or give evidence that is false or misleading in a material
        particular.
Penalty: $1,000 or imprisonment for 6 months.

(4) A person is not excused from furnishing information, producing a document
or giving evidence pursuant to a notice under sub-section (1) on the ground
that the information or evidence, or the production of the document, may tend
to incriminate the person, but any information furnished, document produced or
evidence given pursuant to a notice under sub-section (1), and any information
or thing (including any document) obtained as a direct or indirect consequence
of the furnishing of the information, production of the document or giving of
the evidence, as the case may be, is not admissible in evidence against the
person in any criminal proceedings, other than proceedings for an offence
against sub-section (3).

(5) This section binds the Crown in right of the Commonwealth, of each of the
States, of the Northern Territory and of Norfolk Island.

(6) This section does not require a person to furnish information, produce a
document or give evidence to the extent that in doing so the person would
contravene a law of the Commonwealth.

(7) Nothing contained in any law of a State or Territory shall operate so as
to prevent any person from furnishing any information, producing any documents
or giving any evidence to an officer pursuant to a notice under sub-section
(1).