Insert:
(a) the Commissioner; or
(b) a Deputy Commissioner; or
(c) a senior executive AFP employee who:
(i) is a member of the Australian Federal Police; and
(ii) is authorised in writing by the Commissioner for the purposes of this
paragraph.
(a) ask the operator questions relating to the aircraft or ship, or its cargo,
crew, passengers, stores or voyage, that are relevant to the matter; or
(b) request the operator to produce documents relating to the aircraft or
ship, or its cargo, crew, passengers, stores or voyage:
(i) that are relevant to the matter; and
(ii) that are in the possession or under the control of the operator.
Offence
(a) the person is an operator of an aircraft or ship; and
(b) the person is asked a question or requested to produce a document
under subsection (2); and
(c) the person fails to answer the question or produce the document.
Penalty: 60 penalty units.
(a) failing to answer the question; or
(b) failing to produce the document.
Definitions
"terrorist act" has the meaning given by section 100.1 of the Criminal Code.
(a) relate to one or more of the matters set out in section 3ZQP, as
specified in the notice; and
(b) are in the possession or under the control of the person.
(a) specify the name of the person to whom the notice is given; and
(b) specify the matters to which the documents to be produced relate; and
(c) specify the manner in which the documents are to be produced; and
(d) specify the place at which the documents are to be produced; and
(e) state that the person must comply with the notice as soon as
practicable; and
(f) set out the effect of section 3ZQS (offence for failure to
comply); and
(g) if the notice specifies that information about the notice must not be
disclosedset out the effect of section 3ZQT (offence for
disclosing existence or nature of a notice).
(a) the person has documents (including in electronic form) that are relevant
to, and will assist, the investigation of a serious offence; and
(b) giving the person a notice under this section is reasonably necessary,
and reasonably appropriate and adapted, for the purpose of
investigating the offence;
the Magistrate may give the person a written notice requiring the person to produce documents that:
(c)
relate to one or more of the matters set out in section 3ZQP, as
specified in the notice; and
(d) are in the possession or under the control of the person.
(a) specify the name of the person to whom the notice is given; and
(b) specify the matters to which the documents to be produced relate; and
(c) specify the manner in which the documents are to be produced; and
(d) specify the place at which the documents are to be produced; and
(e) state that the person must comply with the notice within 14 days after
the day on which the notice is given; and
(f) set out the effect of section 3ZQS (offence for failure to
comply); and
(g) if the notice specifies that information about the notice must not be
disclosedset out the effect of section 3ZQT (offence for
disclosing existence or nature of a notice).
(a) determining whether an account is held by a specified person with a
specified financial institution, and details relating to the account
(including details of any related accounts);
(b) determining whether a specified person is a signatory to an account
with a specified financial institution, and details relating to the
account (including details of any related accounts);
(c) determining whether a transaction has been conducted by a specified
financial institution on behalf of a specified person, and details
relating to the transaction (including details relating to other
parties to the transaction);
(d) determining whether a specified person travelled or will travel
between specified dates or specified locations, and details relating
to the travel (including details relating to other persons travelling
with the specified person);
(e) determining whether assets have been transferred to or from a
specified person between specified dates, and details relating to the
transfers (including details relating to the names of any other
persons to or from whom the assets were transferred);
(f) determining whether an account is held by a specified person in
respect of a specified utility (such as gas, water or electricity),
and details relating to the account (including the names of any other
persons who also hold the account);
(g) determining who holds an account in respect of a specified utility
(such as gas, water or electricity) at a specified place, and details
relating to the account;
(h) determining whether a telephone account is held by a specified person,
and details relating to the account (including:
(i) details in respect of calls made to or from the relevant telephone
number; or
(ii) the times at which such calls were made or received; or
(iii) the lengths of such calls; or
(iv) the telephone numbers to which such calls were made and from which
such calls were received);
(i) determining who holds a specified telephone account, and details
relating to the account (including details mentioned in
paragraph (h));
(j) determining whether a specified person resides at a specified place;
(k) determining who resides at a specified place.
(a) would contravene any other law; or
(b) might tend to incriminate the person or otherwise expose the person to
a penalty or other liability; or
(c) would disclose material that is protected against disclosure by legal
professional privilege or any other duty of confidence; or
(d) would be otherwise contrary to the public interest.
(a) the production of the document; nor
(b) any information, document or thing obtained as a direct or indirect
consequence of producing the document;
is admissible in evidence against the person in proceedings other than proceedings for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act.
(a) the person is given a notice under section 3ZQN or 3ZQO; and
(b) the person fails to comply with the notice.
Penalty: 30 penalty units.
(a) the person is given a notice under section 3ZQN or 3ZQO; and
(b) the notice specifies that information about the notice must not be
disclosed; and
(c) the person discloses the existence or nature of the notice.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(a) the person discloses the information to another person in order to obtain
a document that is required by the notice in order to comply with it, and that
other person is directed not to inform the person to whom the document relates
about the matter; or
(b) the disclosure is made to obtain legal advice or legal representation
in relation to the notice; or
(c) the disclosure is made for the purposes of, or in the course of, legal
proceedings.