712ABIssue of FWO notice

712AB Issue of FWO notice

(1) A nominated ART President or Deputy President to whom an application for an FWO notice has been made must issue the FWO notice if the ART President or Deputy President is satisfied of the following:

(a) that an inspector has commenced the investigation (or investigations) to which the application relates;

(b) that there are reasonable grounds to believe that the person to whom the application relates has information or documents, or is capable of giving evidence, relevant to the investigation (or investigations);

(c) that any other method of obtaining the information, documents or evidence:

(i) has been attempted and has been unsuccessful; or

(ii) is not appropriate;

(d) that the information, documents or evidence would be likely to be of assistance in the investigation (or investigations);

(e) that, having regard to all the circumstances, it would be appropriate to issue the FWO notice;

(f) any other matter prescribed by the regulations.

(2) A nominated ART President or Deputy President must not issue an FWO notice except in the circumstances referred to in subsection (1).

(3) An FWO notice must not be issued in relation to more than one person, but may be issued in relation to more than one investigation.

(4) If:

(a) an application for an FWO notice is made in relation to more than one investigation; and

(b) the nominated ART President or Deputy President to whom the application is made is not satisfied of the matters referred to in subsection (1) in relation to each of those investigations;

the nominated ART President or Deputy President must issue the FWO notice in relation to the investigation (or investigations) in relation to which the nominated ART President or Deputy President is satisfied of the matters referred to in subsection (1).