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Anti-Personnel Mines Convention Bill 1998

Part 4 Information-gathering powers

   

22   Minister may obtain information and documents from persons

             (1)  This section applies to a person if the Minister has reason to believe that the person has information or a document that is relevant to:

                     (a)  the administration or enforcement of this Act; or

                     (b)  Australia’s obligation to report under Article 7 of the Convention; or

                     (c)  Australia’s obligation to provide information under Article 8 of the Convention.

             (2)  The Minister may, by written notice given to the person, require the person:

                     (a)  to give to the Minister, within the period and in the manner and form specified in the notice, any such information; or

                     (b)  to produce to the Minister, within the period and in the manner specified in the notice, any such documents; or

                     (c)  to make copies of any such documents and to produce to the Minister, within the period and in the manner specified in the notice, those copies.

             (3)  A person is guilty of an offence if:

                     (a)  the person is subject to a requirement covered by subsection (2); and

                     (b)  the person recklessly contravenes the requirement.

Penalty:  50 penalty units.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

23   Copying documents—reasonable compensation

                   A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement covered by paragraph 22(2)(c).

24   Self-incrimination

             (1)  An individual is not excused from giving information or producing a document or a copy of a document under this Part on the ground that the information or the production of the document or copy might tend to incriminate the individual or expose the individual to a penalty.

             (2)  However:

                     (a)  giving the information or producing the document or copy; or

                     (b)  any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document or copy;

is not admissible in evidence against the individual in criminal proceedings other than proceedings under, or arising out of, subsection 22(3) or section 25 or 26.

25   Giving false or misleading information

                   A person is guilty of an offence if:

                     (a)  the person gives information under section 22; and

                     (b)  the information is false or misleading in a material particular.

Penalty:  Imprisonment for 12 months.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

26   Provision of false or misleading documents

             (1)  A person is guilty of an offence if:

                     (a)  the person produces a document, or a copy of a document, under section 22; and

                     (b)  the document or copy is false or misleading in a material particular.

Penalty:  Imprisonment for 12 months.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Subsection (1) does not apply to a person who produces a document, or a copy of a document, that, to the knowledge of the person, is false or misleading in a material particular if the document or copy is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:

                     (a)  stating that the document or copy is, to the knowledge of the person, false or misleading in a material particular; and

                     (b)  setting out, or referring to, the material particular in which the document or copy is, to the knowledge of the person, false or misleading.

27   Copies of documents

             (1)  The Minister may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.

             (2)  The Minister may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 22(2)(c).

28   Minister may retain documents

             (1)  The Minister may take, and retain for as long as is necessary, possession of a document produced under this Part.

             (2)  The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Minister to be a true copy.

             (3)  The certified copy must be received in all courts and tribunals as evidence as if it were the original.

             (4)  Until a certified copy is supplied, the Minister must, at such reasonable times and places as the Minister thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.