10Obtaining of information and evidence

10 Obtaining of information and evidence

(1) The Minister, or a person authorised in writing by the Minister to exercise powers under this section, may, for the purposes of this Act, by notice in writing, require any person: (a) to furnish the Minister or authorised person with such information as the Minister or authorised person requires; (b) to attend before the Minister or authorised person, or before a person authorised by the Minister or authorised person for the purpose, at a time and place specified in the notice, and then and there answer questions; and (c) to produce to the Minister or authorised person any documents in the custody or under the control of the person. (2) The Minister or authorised person may require the information or answers to questions to be verified or given, as the case may be, on oath or affirmation, and either orally or in writing, and for that purpose the Minister or authorised person, or a person authorised by the Minister or authorised person for the purpose, may administer an oath or affirmation. (3) The oath to be taken or affirmation to be made by a person for the purposes of this section is an oath or affirmation that the information or answers that the person will give will be true. (4) A person is not excused from furnishing information or producing a document, when required to do so under this section, on the grounds that furnishing the information or producing the document might tend to incriminate the person or make the person liable to a penalty. (5) A person is not excused from answering a question, when required to do so under this section, on the grounds that the answer to the question might tend to incriminate the person or make the person liable to a penalty. (6) A statement or disclosure made in information furnished, an answer given, or a document produced by a person, in accordance with a requirement made of the person under this section, and any information, document or thing obtained as a direct or indirect consequence of that statement or disclosure, is not admissible against a person in any criminal proceedings except a proceeding for an offence against section 137.1 of the Criminal Code that relates to this section. (7) A person shall not fail to comply with a requirement made of the person under this section.

Penalty:

(a) in the case of a natural person—imprisonment for 6 months or 10 penalty units, or both; or
(b) in the case of a body corporate—50 penalty units.

(8) An offence against subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.