7Powers of Investigation Division

#### 7 Powers of Investigation Division (1) Subject to this Act, each complaint that is referred to the Investigation Division under section 6, each complaint that is referred to the Commissioner under section 23, and each matter that is referred to that Division under subsection 25(5), shall be investigated by that Division. (2) A complaint that has been investigated by the Investigation Division shall, in accordance with subsection 11(7) or upon request being made by the Ombudsman under subparagraph 36(1)(a)(i), be investigated further by that Division. (3) The investigation or further investigation of a complaint, or the investigation of a matter referred to in subsection (1), shall be conducted, subject to this part, in such manner as the officer in charge thinks fit. (4) Subject to this Part, a member of the Investigation Division may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as he or she thinks fit. (5) A member of the Investigation Division may, for the purposes of the investigation of a complaint or matter, direct an AFP appointee to furnish information, produce a document or other record, or answer a question, that is relevant to the complaint or matter, as the case may be. (5A) A direction under subsection (5) has no effect unless the person giving the direction: (a) states in the direction that the AFP appointee concerned is being expressly directed under subsection (5) of this section; (b) specifies in the direction the substance of the complaint or matter being investigated; (c) if it is practicable to do so—gives the direction in writing; and (d) if the direction is given in writing—causes a copy of the direction to be furnished to the member concerned. (5B) In any proceedings for a contravention of subsection (8), the onus of proving that the person who gave a direction under subsection (5) complied with subsection (5A) lies on that person. (6) Where an AFP appointee is directed under subsection (5) to furnish information, produce a document or 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 a member of the Investigation Division; (b) the production of a document or other record by an AFP appointee to a member of the Investigation Division; or (c) an answer given by an AFP appointee to a question put to him or her by a member of the Investigation Division; where the member of the Australian Federal Police has not been expressly directed, under subsection (5), to furnish the information, produce the document or record or answer the question. (8) An AFP appointee shall not: (a) refuse or fail to furnish information, produce a document or other record or answer a question when so required in pursuance of this section; or (b) furnish information or make a statement to a member of the Investigation Division knowing that it is false or misleading in a material particular. Penalty: Imprisonment for 6 months. (8A) Paragraph (8)(a) does not apply if the appointee 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 purposes of the Australian Federal Police Act 1979, and the regulations in force under that Act, a direction given by a member of the Investigation Division under subsection (5) has effect as if it had been given by the Commissioner. (10) Subsections (3) and (4) do not authorize a Federal police officer to contravene or fail to comply with a law that would, if those subsections had not been enacted, apply in relation to the investigation of a complaint or other matter referred to the Investigation Division, but nothing in this subsection affects the operation of any other provision of this section. (11) 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 or other record; or (c) answers a question; when directed to do so by a member of the Investigation Division under this section.