Commonwealth Numbered Acts

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 No. 101 of 1986 - SECT 18

18. (1) Where the Inspector-General has reason to believe that a person is
capable of giving information or producing documents relevant to a matter that
is being inquired into by the Inspector-General under this Act, the
Inspector-General may, by notice in writing given to the person, require the
person, at such reasonable place and within such reasonable period as are
specified in the notice-

   (a)  to give to the Inspector-General, by writing signed by that person or,
        in the case of a body corporate, on behalf of the body corporate, any
        such information; or

   (b)  to produce to the Inspector-General any such documents. (2) Where
        documents are produced to the Inspector-General in accordance with a
        requirement under sub-section (1), the Inspector-General-

   (a)  may take possession of, and may make copies of or take extracts from,
        the documents;

   (b)  may retain possession of the documents for such period as is necessary
        for the purposes of the inquiry to which the documents relate; and

   (c)  during that period shall permit a person who would be entitled to
        inspect any one or more of the documents if they were not in the
        possession of the Inspector-General to inspect at all reasonable times
        such of the documents as the person would be so entitled to inspect.

(3) Where the Inspector-General has reason to believe that a person is able to
give information relevant to a matter that is being inquired into by the
Inspector-General under this Act, the Inspector-General may, by notice in
writing given to the person, require the person to attend before the
Inspector-General, at such reasonable time and place as are specified in the
notice, to answer questions relevant to the matter under inquiry.

(4) The Inspector-General may administer an oath or affirmation to a person
required to attend before the Inspector-General under sub-section (3) and may
examine the person on oath or affirmation.

(5) The oath or affirmation to be taken or made by a person for the purposes
of this section is an oath or affirmation that the evidence the person will
give will be true.

(6) A person is not excused from giving any information, producing a document
or answering a question when required to do so under this section on the
ground that the giving of the information, the production of the document or
the answer to the question-

   (a)  would contravene the provisions of any other Act, would be contrary to
        the public interest or might tend to incriminate the person or make
        the person liable to a penalty; or

   (b)  would disclose legal advice given to a Minister, a Department or an
        authority of the Commonwealth, but the information, the production of
        the document or the answer to the question is not admissible in
        evidence against the person in any court or in any proceedings before
        a person authorised to hear evidence except in a prosecution for-

   (c)  an offence against this section; or

   (d)  an offence against-

        (i)    section 6, 7 or 7A of the Crimes Act 1914; or

        (ii)   sub-section 86 (1) of that Act by virtue of paragraph (a) of
               that sub-section,
being an offence that relates to an offence against this section.

(7) A person who, without reasonable excuse-

   (a)  refuses or fails to be sworn or to make an affirmation or to give
        information or produce a document when required to do so under this
        section; or

   (b)  after being given a notice under sub-section (3), refuses or fails to
        comply with the notice or to answer a question that the
        Inspector-General requires the person to answer, is guilty of an
        offence punishable on conviction-

   (c)  in the case of a natural person-by a fine not exceeding $1,000 or
        imprisonment for a period not exceeding 6 months, or both; or

   (d)  in the case of a body corporate-by a fine not exceeding $5,000.

(8) A person who is required to give information or to answer a question under
this section and who gives information or an answer to the question that is,
to the knowledge of the person, false or misleading in a material particular
is guilty of an offence punishable on conviction-

   (a)  in the case of a natural person-by a fine not exceeding $1,000 or
        imprisonment for a period not exceeding 6 months, or both; or

   (b)  in the case of a body corporate-by a fine not exceeding $5,000.

(9) A person is not liable to any penalty under the provisions of any law of
the Commonwealth or of a Territory by reason only of the person having given
information, produced a document or answered a question when required to do so
under this section.