23Power to require a person to give information, produce documents or answer questions etc.

23 Power to require a person to give information, produce documents or answer questions etc.

(1) This section applies in relation to the following kinds of inquiry: (a) an inquiry into the death of a member of the Defence Force, where the relevant death appears to have arisen out of, or in the course of, the member’s service in the Defence Force; (b) an inquiry into a matter concerning the Defence Force, if the Minister or the Chief of the Defence Force has directed the Inspector‑General ADF to inquire into the matter. (2) The Inspector‑General ADF may give a notice to a person under subsection (3) if the Inspector‑General ADF has reason to believe that the person has information or a document or thing that is relevant to the inquiry.

Note: See section 24 for when an inquiry officer or an Assistant IGADF may exercise this power.

(3) The Inspector‑General may, by written notice given to the person, require the person: (a) to give any such information to the Inspector‑General ADF, an inquiry officer or an Assistant IGADF; or (b) to produce any such document or thing to the Inspector‑General ADF, an inquiry officer or an Assistant IGADF; or (c) to appear before the Inspector‑General ADF, an inquiry officer or an Assistant IGADF to answer questions.

Note: For self‑incrimination, see section 32.

(4) The notice must: (a) if paragraph (3)(a) or (b) applies: (i) specify the period (which must be at least 14 days after the notice is given to the person) within which the person is required to comply with the notice; and (ii) specify the manner in which the person is required to comply with the notice; and (b) if paragraph (3)(c) applies—specify a time and place at which the person is to appear; and (c) in any case—state the effect of section 29 (offence for failure to comply). Oath or affirmation (5) The Inspector‑General ADF may require answers provided under paragraph (3)(c) to be verified by, or given on, oath or affirmation and either orally or in writing. (6) The Inspector‑General ADF, or the inquiry officer or Assistant IGADF to whom information or answers are verified or given, may administer the oath or affirmation.