38DAA may obtain information and documents

#### 38 DAA may obtain information and documents (1) This clause applies to a person if the DAA has reason to believe that the entity: (a) has information or a document that is relevant to the operation of the DSAP scheme or the SDA scheme; or (b) is capable of giving evidence which the DAA has reason to believe is relevant to the operation of the DSAP scheme or the SDA scheme. (2) The DAA may, by written notice given to the person, require the person: (a) to give to the DAA, within the period and in the manner and form specified in the notice, any such information; or (b) to produce to the DAA, 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 DAA, 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 DAA 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 DAA 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 period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given. (4) A time specified under paragraph (2)(d) or (e) must be at least 14 days after the notice is given. (5) A person commits an offence if: (a) the person has been given a notice under subclause (2); and (b) the person engages in conduct; and (c) the person’s conduct contravenes a requirement in the notice. Penalty: 30 penalty units. > Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (6) A notice under subclause (2) must set out the effect of the following provisions: (a) subclause (5); (b) clause 133; (c) section 136.1 of the Criminal Code; (d) section 137.1 of the Criminal Code; (e) section 137.2 of the Criminal Code.