30Power to require information from other persons

30 Power to require information from other persons

30 Power to require information from other persons

(1) The Screening Agency may, by notice in writing (an assessment notice), require any person to provide the Screening Agency with specified information relevant to an assessment of whether a person poses a risk of harm to persons with disability, for the purpose of—

(a) determining an application for a clearance or a risk assessment of an applicant or the holder of a clearance, or

(b) administrative review (including internal review) under the Administrative Decisions Review Act 1997 of a decision under this Act.

(2) A person to whom an assessment notice is given is authorised and required to comply with the notice. The Commissioner of Police is not required to comply with an assessment notice if the Commissioner is of the opinion that compliance would disclose the existence or content of criminal intelligence information.

(3) An assessment notice may specify a day on or before which the notice is to be complied with.

(4) If a person fails to comply with an assessment notice, the Screening Agency may, by further notice in writing served on the person (an enforcement notice), direct the person to comply with the assessment notice within a period (not less than 28 days) specified in the notice. The enforcement notice must warn the person that a failure to comply with the notice is an offence.

(5) The Screening Agency may revoke an enforcement notice at any time.

(6) A person who fails, without reasonable excuse, to comply with an enforcement notice is guilty of an offence.

Maximum penalty—50 penalty units.

(7) In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.

(8) If documents are given to the Screening Agency under this section, the Screening Agency—

(a) may take possession of, and make copies of or take extracts from, the documents, and

(b) may keep possession of the documents for such period as is necessary for the purposes of an administrative review or considering an application, and