40VEDirections to AFP appointee

40VE Directions to AFP appointee

Investigator may give directions to AFP appointee (1) The investigator may, for the purposes of the investigation or inquiry, direct an AFP appointee: (a) to give the investigator information (in the manner and form specified in the direction); or (b) to produce to the investigator a document, record or thing; or (c) to answer a question; or (d) to do anything else that is reasonably necessary for the purposes of obtaining evidence in relation to the investigation or inquiry.

Note: Failure to comply with the direction is an offence against subsection 40VH(1).

(2) A direction under subsection (1) has no effect unless the investigator: (a) states in the direction that the AFP appointee to whom the direction is given is being expressly directed under that subsection; and (b) specifies in the direction the substance of the subject matter of the investigation or inquiry; and (c) if it is practicable to do so—gives the direction in writing; and (d) if the direction is given in writing—gives the AFP appointee a copy of the direction. Obligation to comply with direction (3) If an AFP appointee is directed under subsection (1) to give information, produce a document, record or thing, answer a question or do something else for the purposes of obtaining evidence, the AFP appointee is not excused from complying with the direction: (a) on the ground that complying with the direction: (i) would be contrary to the public interest; or (ii) might make him or her liable to a penalty; or (b) on the ground that the information, the production of the document, record or thing, the answer to the question or the evidence obtained by doing that thing might tend to incriminate him or her; or (c) on any other ground. Use to which information etc. may be put (4) The information, the production of the document, record or thing, the answer to the question or the evidence obtained by doing that thing, is not admissible in evidence against the AFP appointee in any civil or criminal proceedings other than: (a) proceedings for an offence against subsection 40VH(1); or (b) proceedings in relation to termination action taken in relation to the AFP appointee; or (c) proceedings under the Safety, Rehabilitation and Compensation Act 1988; or (d) proceedings in tort that the AFP appointee institutes against the Commonwealth. (5) Nothing in subsection (4) is taken to affect the admissibility in evidence, in any civil or criminal proceedings, of: (a) any information given by an AFP appointee to the investigator; or (b) the production of a document, record or thing by an AFP appointee to the investigator; or (c) an answer given by an AFP appointee to a question put to him or her by the investigator; or (d) evidence obtained by an AFP appointee doing something for the purposes of obtaining evidence at the request of the investigator; if the AFP appointee has not been expressly directed, under subsection (1), to give the information, to produce the document, record or thing, to answer the question or to do that thing. (6) If a document, record or thing is produced to the investigator under a direction under subsection (1), the investigator may: (a) examine the document, record or other thing; and (b) retain possession of the document, record or other thing for such period as is necessary for the purposes of the investigation or inquiry. If the investigator retains possession of a document, record or thing under paragraph (b) during a particular period, the investigator must allow a person who would be entitled to inspect the document, record or thing if it was not in the investigator’s possession to inspect the document, record or thing at all reasonable times. (7) If a document or record is produced to the investigator under a direction under subsection (1), the investigator may take extracts from, or a copy of, the document or record. (8) For all the purposes of this Act, and the regulations in force under this Act, a direction given by the investigator under subsection (1) has effect as if it had been given by the Commissioner. (9) An AFP appointee is not liable to any penalty (other than a penalty under this Act) merely because the appointee: (a) gives information; or (b) produces a document, record or thing; or (c) answers a question; or (d) does something else; when directed to do so by the investigator under this section. Direction is not a legislative instrument (10) If a direction given by an investigator under subsection (1) is in writing, the direction is not a legislative instrument.