Document ID: chunk:federal_register_of_legislation:C2024C00794:section:54a
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 54A
Character Range: 289214–290843

54A  Person wishing to give information etc. to Commissioner
 (1) Where a person present at a place where a Commissioner is conducting an inquiry in pursuance of the Commissioner's functions under this Act indicates to the Commissioner that the person wishes to give information, or to produce documents or other records, relating to the matter the subject of the inquiry, the Commissioner may:
 (a) if the person wishes to give information—administer an oath or affirmation to that person and examine that person on oath or affirmation; or
 (b) if the person wishes to produce documents or other records—inspect, and make and retain copies of, or extracts from, those documents or other records.
 (2) A person shall not fail to answer a question put to him or her by a Commissioner in the course of an examination under subsection (1).
Penalty: 30 penalty units.
 (2A) Subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) A person is not excused from answering a question referred to in subsection (2) on the ground that the answer to the question:
 (a) might tend to incriminate the person; or
 (b) might make the person liable to a penalty.
 (3A) However, the person's answer to any such question is not admissible in evidence against him or her in proceedings other than proceedings for an offence against that subsection or section 54B.
 (4) A person being examined under subsection (1) has the same protection, and is, in addition to the penalty provided by subsection (2), subject to the same liabilities, as a witness in proceedings in the High Court.