Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:3_103k
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 3 cl 103K
Character Range: 248629–250167

103K  Power to obtain information

 (1) The SSAT Executive Director may, if it is reasonably necessary for the purposes of a review, by written notice given to the person, require a person:
 (a) to give to the SSAT:
 (i) within a reasonable period specified in the notice (being a period of not less than 7 days); and
 (ii) in a reasonable manner specified in the notice;
  such information as the SSAT Executive Director requires; or
 (b) to attend before the SSAT Executive Director (or an officer authorised by the SSAT Executive Director for the purpose):
 (i) at a reasonable time specified in the notice; and
 (ii) at a reasonable place specified in the notice;
  and then and there answer questions; or
 (c) to produce to the SSAT:
 (i) at a reasonable time specified in the notice; and
 (ii) at a reasonable place specified in the notice;
  any documents in the custody or under the control of the person.

 (2) A person commits an offence if:
 (a) the SSAT Executive Director gives the person a notice under subsection (1); and
 (b) the person refuses or fails to comply with the notice.

Penalty: Imprisonment for 6 months.

 (3) Subsection (2) does not apply if complying with the notice might tend to incriminate the person.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

 (4) A person who is required to attend under this section is allowed such expenses as are prescribed by the regulations for the purposes of subsection 120(2).