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Textile, Clothing and Footwear Strategic Investment Program Bill 1999

Part 4 Information-gathering powers

   

38   Minister or Secretary may obtain information and documents

             (1)  This section applies to a person if the Minister or the Secretary has reason to believe that the person:

                     (a)  has information or a document that is relevant to the operation of the TCF (SIP) scheme; or

                     (b)  is capable of giving evidence which the Minister or the Secretary has reason to believe is relevant to the operation of the TCF (SIP) scheme.

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

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

                     (b)  to produce to the Minister or the Secretary, 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 or the Secretary, within the period and in the manner specified in the notice, those copies; or

                     (d)  if the person is an individual—to appear before the Minister or the Secretary at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or

                     (e)  if the person is a body corporate—to cause a competent officer of the body to appear before the Minister or the Secretary at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.

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

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

                     (b)  the person contravenes the requirement.

Penalty:  20 penalty units.

             (4)  A notice under subsection (2) must set out the effect of the following provisions:

                     (a)  subsection (3);

                     (b)  section 49;

                     (c)  section 50;

                     (d)  section 51.

39   Copying documents—reasonable compensation

                   A person is entitled to be paid reasonable compensation for complying with a requirement covered by paragraph 38(2)(c).

40   Self-incrimination

             (1)  An individual is not excused from giving information or evidence or producing a document or a copy of a document under this Part on the ground that the information or evidence 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 evidence 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 evidence or producing the document or copy;

is not admissible in evidence against the individual in criminal proceedings other than:

                     (c)  proceedings for an offence against subsection 38(3) or section 50 or 51; or

                     (d)  proceedings for an offence against section 49 that relates to this Part.

41  Copies of docume nts

             (1)  The Minister or the Secretary 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 or the Secretary may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 38(2)(c).

42   Minister or Secretary may retain documents

             (1)  The Minister or the Secretary 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 or the Secretary 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 or the Secretary must, at such times and places as the Minister or the Secretary 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.