Document ID: chunk:federal_register_of_legislation:C2004A04677:body:0:p27
Version: federal_register_of_legislation:C2004A04677
Segment Type: other
Provision Reference: 
Character Range: 71233–74043

of Evaluation and Audit:

     (a) evaluates or audits the operations of a body in accordance with paragraph 76(1)(b), (f) or (g); or

     (b) evaluates or audits the activities of an individual in accordance with paragraph 76(1)(e).

Authorised person

"(2) The Director of Evaluation and Audit may, by notice in the Gazette, authorise a person (the 'authorised person') who is a member of the staff of, or a consultant to, the Commission to perform functions and exercise powers for the purposes of this section.

Power of Director or authorised person to examine documents

"(3) For the purposes of a particular evaluation or audit, the Director of Evaluation and Audit or an authorised person may examine documents relating to the individual or body concerned.

Authorised person must report to the Director on the results of examination

"(4) An authorised person must report to the Director of Evaluation and Audit on the results of an examination conducted in accordance with subsection (3), drawing the Director's attention to any irregularity that is relevant to the evaluation or audit of the individual or body concerned.

Director or authorised person entitled to access to documents

"(5) For the purposes of performing the function conferred by subsection (3), the Director of Evaluation and Audit or the authorised person:

     (a) is entitled at all reasonable times to full and free access to documents relating to the individual or body; and

  (b) may make copies, or take extracts from, any such document; and

  (c) may require a person:

        (i) to answer such questions; and

        (ii) to produce such documents in the person's possession or to which the person has access;

     as the Director of Evaluation and Audit or the authorised person, as the case requires, considers necessary for that purpose.

Penalty for failure to comply with paragraph (5)(c)

"(6) A person who, without reasonable excuse, refuses or fails to comply with a requirement under paragraph (5)(c) is guilty of an offence punishable upon conviction by a fine not exceeding 20 penalty units.

Self-incrimination

"(7) For the purposes of subsection (6), it is not a reasonable excuse for a person to refuse or fail:

  (a) to give information; or

  (b) to produce a document;

in accordance with a requirement made of the person, on the ground that the information or production of the document, as the case may be, might tend to incriminate the person or make the person liable to a penalty. However:

  (c) giving the information or producing the document; or

    (d) any information, document or thing obtained as a direct or indirect consequence of the giving of the information or producing the document;

is not admissible in evidence against the person in any criminal proceedings, other than