10General Manager’s power to obtain information and documents

10 General Manager’s power to obtain information and documents

Requirements to give information (1) The General Manager may, by written notice, require a person described in subsection (3) whom the General Manager reasonably believes is capable of giving blood‑related information, to give that information to the General Manager by giving the General Manager either or both of the following: (a) written answers to questions specified in the notice; (b) such documents, or copies of documents, as are described in the notice.

Note 1: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this section.

Note 2: For document, see section 2B of the Acts Interpretation Act 1901.

(2) A notice given under subsection (1) must specify: (a) the time by which the information must be given, which must be at least 14 days after the day the notice was given; and (b) how the information must be given. Who may be required to give information (3) A notice may be given under subsection (1) to: (a) the person who has overall responsibility for the provision of hospital services (as defined in the Health Insurance Act 1973) at a private hospital (as defined in that Act); or (b) a supplier of blood products and services in Australia; or (c) an importer of blood products and services into Australia; or (d) a person specified in the regulations.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Information that may be required to be given (4) Blood‑related information is information, other than personal information (as defined in the Privacy Act 1988), relating to one or more of the following matters: (a) demand for blood products and services; (b) supplying blood products and services (including their receipt by a hospital); (c) forecasting: (i) donations of human blood; or (ii) supplies of blood products and services; (d) benchmarking a person’s performance in respect of a matter relating to blood products and services; (e) cost of blood products and services; (f) safety and quality of blood products and services; (g) possible or actual risks to a sufficient supply of blood products and services in all the States and covered Territories. Offence for failing to comply with a requirement (5) A person commits an offence if the person fails to comply with a requirement under subsection (1).

Penalty: 30 penalty units.

Self‑incrimination (6) A person is excused from complying with a requirement made of the person under subsection (1) if the answer to the question or the production of the document or copy might tend to incriminate the person or expose the person to a penalty or other liability.