103KPower to obtain information

103K Power to obtain information

(1) The SSAT Executive Director may, if it is reasonably necessary for the purposes of a review, by written notice given to the person, require a person: (a) to give to the SSAT: (i) within a reasonable period specified in the notice (being a period of not less than 7 days); and (ii) in a reasonable manner specified in the notice; such information as the SSAT Executive Director requires; or (b) to attend before the SSAT Executive Director (or an officer authorised by the SSAT Executive Director for the purpose): (i) at a reasonable time specified in the notice; and (ii) at a reasonable place specified in the notice; and then and there answer questions; or (c) to produce to the SSAT: (i) at a reasonable time specified in the notice; and (ii) at a reasonable place specified in the notice; any documents in the custody or under the control of the person. (2) A person commits an offence if: (a) the SSAT Executive Director gives the person a notice under subsection (1); and (b) the person refuses or fails to comply with the notice.

Penalty: Imprisonment for 6 months.

(3) Subsection (2) does not apply if complying with the notice might tend to incriminate the person.

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

(4) A person who is required to attend under this section is allowed such expenses as are prescribed by the regulations for the purposes of subsection 120(2).