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Textbook Subsidy Bill 2003 [2008]

Part 3 Administration

11   Guidelines

             (1)  The Secretary may, by notice in writing, issue guidelines for the performance of functions and duties, and for the exercise of powers, by officers of the Department, in relation to matters arising under this Act including, in particular, the following matters relating to the textbook subsidy:

                     (a)  registration; and

                     (b)  accounting and recordkeeping requirements; and

                     (c)  arrangements for verifying eligibility; and

                     (d)  payment.

             (2)  At any time, the Secretary may, by written notice, issue further guidelines that vary or revoke the existing guidelines.

             (3)  The guidelines referred to in subsections (1) and (2) must be tabled in each House of the Parliament within 5 sitting days of that House after the guidelines are issued.

12   Delegation

                   The Secretary may, by signed writing, delegate to an officer all or any of the powers of the Secretary under this Act.

13   Power to obtain information

                   The Secretary may require a person to give information, or to 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:

                     (a)  establishing the applicant’s identity; or

                     (b)  whether a registered bookseller was entitled to be registered under this Act; or

                     (c)  whether a textbook subsidy under this Act was payable to a person who has received it.

Note:          A requirement under this section may be sent to an entity as well as to a natural person—paragraph 22(1)(a) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate.

14   Provisions relating to requirements

Requirement by written notice

             (1)  A requirement made to a person under section 13 must be by written notice given to the person.

Note:          Sections 28A and 29 of the Acts Interpretation Act 1901 provide that a notice is given to a natural person if the notice is:

                                            (a)     delivered personally; or

                                            (b)     left at the last known address of the person; or

                                            (c)     sent by pre-paid post to the last known address of the person.

Contents of notice

             (2)  The notice must state:

                     (a)  how the person is to give the information; and

                     (b)  the period within which the person is to give the information; and

                     (c)  the officer (if any) to whom the information is to be given; and

                     (d)  the section under which the requirement by the notice is made.

Time limit for providing information

             (3)  The end of the period stated under paragraph (2)(b) must be at least 14 days after the notice is given.

Appearance before officer

             (4)  The notice may require the person to give the information by appearing (or, if the person is a body corporate, to arrange for a person to appear) before a particular officer to answer questions.

Time and place for appearance

             (5)  If the notice requires a person to appear before an officer, the notice must state a time and a place for the person to appear, and the time must be at least 14 days after the notice is given.

             (6)  A person must not refuse or fail to comply with a requirement made under section 13.

Penalty:  Imprisonment for 12 months.

             (7)  Subsection (6) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code ).

             (8)  Subsection (6) does not apply to the extent that the person is not capable of complying with the requirement.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (8) (see subsection 13.3(3) of the Criminal Code ).

           (13)  For the purposes of an offence against subsection (6), strict liability applies to the physical element, that the requirement was made under section 13.

Note:          For strict liability , see section 6.1 of the Criminal Code .

15   State/Territory law does not affect obligations to provide information

                   Nothing contained in any law of a State or a Territory operates to prevent a person from:

                     (a)  giving information; or

                     (b)  producing documents; or

                     (c)  giving evidence;

that the person is required to give or produce to the Department or to an officer of the Department for the purposes of this Act.