50Minister may arrange special inquiries

#### 50 Minister may arrange special inquiries (1) The Minister may, where he or she thinks it appropriate to do so, arrange for an inquiry to be held, by such person or persons, and in such manner, as he or she determines, concerning: (a) any action taken by an AFP appointee (including action the subject of a complaint made to an AFP appointee or to the Ombudsman); or (b) any other matter relating to the Australian Federal Police. (2) Subject to this section, the person or persons holding an inquiry under subsection (1) may, for the purposes of the inquiry, obtain information from such persons, and make such inquiries, as he or she thinks, or they think, fit. (3) The person or persons holding an inquiry under subsection (1) may, for the purposes of the inquiry: (a) enter premises occupied by the Australian Federal Police and carry on the inquiry on those premises; (b) inspect any documents or records kept at premises occupied by the Australian Federal Police and take extracts from, or a copy of, such a document or record or cause such extracts or such a copy to be taken; and (c) examine any property used by the Australian Federal Police. (4) For the purposes of an inquiry under subsection (1): (a) the person holding the inquiry, or any of the persons holding the inquiry, may direct an AFP appointee: (i) to furnish information or produce a document or other record, being information or a document or record that is relevant to the inquiry; or (ii) to attend before him or her at a time and place specified by him or her and then and there to answer questions relevant to the inquiry; (b) the person or persons holding the inquiry may, by means of sound recording apparatus or otherwise, make a record of any information furnished, or answer given, in compliance with such a direction or cause such a record to be made; and (c) the person or persons holding the inquiry may take extracts from, or a copy of, a document or record produced in compliance with such a direction or cause such extracts or such a copy to be taken. (5) A person, or any of the persons, holding an inquiry under subsection (1) may administer an oath or affirmation to an AFP appointee required to attend before him or her in pursuance of paragraph (4)(a) and may examine the appointee on oath or affirmation. (6) Where an AFP appointee is directed under subsection (4) to furnish information, produce a document or other record or answer a question, the appointee is not excused from complying with the direction on the ground that: (a) the furnishing of the information, the production of the document or record or the answering of the question: (i) would be contrary to the public interest; or (ii) might make him or her liable to a penalty; or (b) the information, the production of the document or record or the answer to the question might tend to incriminate him or her; or on any other ground, but the information, the production of the document or record or the answer to the question is not admissible in evidence against him or her in any civil or criminal proceedings other than proceedings for an offence against subsection (8) or for or in relation to a breach of discipline. (7) Nothing in subsection (6) shall be taken to affect the admissibility in evidence, in any civil or criminal proceedings, of: (a) any information furnished by an AFP appointee to the person or persons holding an inquiry under subsection (1); (b) the production of a document or other record by an AFP appointee to the person or persons holding an inquiry under subsection (1); or (c) an answer given by an AFP appointee to a question put to him or her by the person, or by any of the persons, holding an inquiry under subsection (1); where the AFP appointee has not been expressly directed, under subsection (4), to furnish the information, produce the document or record or answer the question. (8) An AFP appointee shall not: (a) fail to attend before a person when required to do so under this section; or (aa) refuse or fail to be sworn or make an affirmation, when required to do so under this section; or (ab) refuse or fail to furnish information, produce a document or other record, or to answer a question, when required to do so under this section; or (b) intentionally obstruct, hinder or resist a person, or any of the persons, holding an inquiry under subsection (1); or (c) furnish information or make a statement to a person, or any of the persons, holding an inquiry under subsection (1) knowing that it is false or misleading in a material particular. Penalty: Imprisonment for 6 months. (8A) Paragraphs (8)(a), (aa), (ab) and (b) do not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code). (9) For all the purposes of the Australian Federal Police Act 1979, and the regulations in force under that Act, a direction given under paragraph (4)(a) by the person, or any of the persons, holding an inquiry under subsection (1) has effect as if it had been given by the Commissioner. (10) An AFP appointee is not liable to any penalty (other than a penalty for an offence against subsection (8)) under the provisions of any other law by reason of furnishing information, producing a document or other record or answering a question when directed to do so by the person, or any of the persons, holding an inquiry under subsection (1).