sec.570ARequiring information

sec.570A Requiring information

This section applies if an authorised officer reasonably believes that a person is capable of giving information, providing documents or giving evidence— in relation to a possible contravention of— a safety duty; or a duty of an executive under section 26D ; or that will assist the authorised officer to monitor or enforce compliance with— a safety duty; or a duty of an executive under section 26D . Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically. The authorised officer may, by notice, require the person to give the information, documents or evidence to the authorised officer. If the authorised officer, despite reasonable diligence, has not been able to obtain the information, documents or evidence under subsection (2) , the authorised officer may, by notice given to the person, require the person to do either or both of the following— give information or produce documents to the authorised officer within the time and in the way stated in the notice; appear before a person appointed by the authorised officer on a day, and at a time and place, stated in the notice and give oral evidence. The notice must state— that— the requirement is made under this section; and failing to comply with the requirement is an offence; and if the notice requires the person to give information or produce documents to the authorised officer—the time and way, that is reasonable in the circumstances, in which the person must give the information or documents; and if the notice requires the person to give oral evidence— the day, time and place, that is reasonable in the circumstances, for the person to appear before the person appointed by the authorised officer; and that the person may appear with an Australian legal practitioner; and the effect of— subsections (7) and (8) ; and section 735A . The person must comply with a requirement under this section, unless the person has a reasonable excuse. Maximum penalty—$10000. It is not a reasonable excuse for the person to fail to comply with a requirement made under this section on the ground that complying with the requirement might tend to incriminate the person or make the person liable to a penalty. Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer. However, the following information, documents and evidence are not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information— information, documents and evidence that the individual gives in complying with a requirement under this section; information, documents and evidence that is directly or indirectly derived from information, documents or evidence mentioned in paragraph (a) . An authorised officer may act under this section only if— for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under this section; or for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under this section. s 570A ins 2016 No. 65 s 91 amd 2018 No. 18 s 24 (sec.570A-ssec.1) This section applies if an authorised officer reasonably believes that a person is capable of giving information, providing documents or giving evidence— in relation to a possible contravention of— a safety duty; or a duty of an executive under section 26D ; or that will assist the authorised officer to monitor or enforce compliance with— a safety duty; or a duty of an executive under section 26D . Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically. (sec.570A-ssec.2) The authorised officer may, by notice, require the person to give the information, documents or evidence to the authorised officer. (sec.570A-ssec.3) If the authorised officer, despite reasonable diligence, has not been able to obtain the information, documents or evidence under subsection (2) , the authorised officer may, by notice given to the person, require the person to do either or both of the following— give information or produce documents to the authorised officer within the time and in the way stated in the notice; appear before a person appointed by the authorised officer on a day, and at a time and place, stated in the notice and give oral evidence. (sec.570A-ssec.4) The notice must state— that— the requirement is made under this section; and failing to comply with the requirement is an offence; and if the notice requires the person to give information or produce documents to the authorised officer—the time and way, that is reasonable in the circumstances, in which the person must give the information or documents; and if the notice requires the person to give oral evidence— the day, time and place, that is reasonable in the circumstances, for the person to appear before the person appointed by the authorised officer; and that the person may appear with an Australian legal practitioner; and the effect of— subsections (7) and (8) ; and section 735A . (sec.570A-ssec.5) The person must comply with a requirement under this section, unless the person has a reasonable excuse. Maximum penalty—$10000. (sec.570A-ssec.6) It is not a reasonable excuse for the person to fail to comply with a requirement made under this section on the ground that complying with the requirement might tend to incriminate the person or make the person liable to a penalty. Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer. (sec.570A-ssec.7) However, the following information, documents and evidence are not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information— information, documents and evidence that the individual gives in complying with a requirement under this section; information, documents and evidence that is directly or indirectly derived from information, documents or evidence mentioned in paragraph (a) . (sec.570A-ssec.8) An authorised officer may act under this section only if— for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under this section; or for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under this section.