Commonwealth Numbered Acts Commonwealth Numbered Acts
Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
1 Section 151
Repeal the section, substitute:
151 MRCC may obtain information etc.
(1) The MRCC may give a written notice to any person requiring the person, for the purposes of this Act:
(a) to provide the MRCC (or a specified staff member assisting the MRCC) such information as the MRCC requires; or
(b) to produce to the MRCC (or a specified staff member assisting the MRCC) any documents in the custody or under the control of the person; or
(c) to appear before a specified staff member assisting the MRCC to answer questions.
(2) To avoid doubt, the person given the notice may be:
(a) the Secretary of the Defence Department; or
(b) the Secretary of the Department; or
(c) the Chief of the Defence Force; or
(d) a person employed:
(i) in or in connection with a Department of the Commonwealth, a State or Territory; or
(ii) by any authority of the Commonwealth, a State or Territory.
(3) The notice must specify:
(a) if paragraph (1)(a) or (b) applies:
(i) the period within which the person must comply with the notice; and
(ii) the manner in which the person must comply with the notice; or
(b) if paragraph (1)(c) applies:
(i) the time at which the person must appear before the staff member; and
(ii) the place at which the person must appear before the staff member.
(4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.
(5) The MRCC may require the information or answers to be verified by, or given on, oath or affirmation and either orally or in writing.
(6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.
(7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).
Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 151A).
(8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.
(9) A person commits an offence if the person fails to comply with a notice under this section.
Penalty: 10 penalty units.
(10) An offence against subsection (9) is an offence of strict liability.
(11) Subsection (9) does not apply to the extent that the person is not capable of complying with the notice.
Note: The defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the Criminal Code ).
(1) An individual is not excused from giving information or evidence, or producing a document, under section 151 on the ground that the information or evidence, or the production of the document, might tend to incriminate the individual or expose the individual to a penalty.
(2) However:
(a) the information or evidence given or the document produced; and
(b) giving the information or evidence or producing the document; and
(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence or producing the document;
are not admissible in evidence against the individual in any proceedings, other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.
2 Before subsection 151A(1)
Insert:
(1AA) Nothing in a law of a State or Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.
3 Application provision
The amendments made by this Schedule apply in relation to a notice given under subsection 151(1) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 on or after the commencement of this item.