Document ID: chunk:federal_register_of_legislation:C2004A01347:clause:4_88aa:p2
Version: federal_register_of_legislation:C2004A01347
Segment Type: clause
Provision Reference: sch 4 cl 88AA (pt 2/2)
Character Range: 19871–22415

the person fails:
 (i) to give the required information by the time, and in the manner and form, specified in the notice; or
 (ii) to produce the required documents by the time, and in the manner, specified in the notice; or
 (iii) to attend to answer questions at the time and place specified in the notice; or
 (iv) to take an oath or make an affirmation, when required to do so under subsection (5); or
 (v) to answer questions relevant to the investigation while attending as required by the notice.

Penalty:
 (c) for a first offence—30 penalty units; or
 (d) for a second or subsequent offence—imprisonment for 6 months or a fine of 60 penalty units.

Effect of secrecy provisions

 (8) The operation of this section is not limited by any secrecy provision of any other law (whether enacted before or after the commencement of this section), except to the extent that the secrecy provision expressly excludes the operation of this section. For this purpose, secrecy provision means a provision that prohibits the communication or divulging of information.

Definitions

 (9) In this section:

assistant means:
 (a) the person occupying the position in the Department known as the director of the Building Industry Taskforce; or
 (b) a building industry authorised officer; or
 (c) a building industry inspector.

building industry authorised officer means an authorised officer exercising or performing powers or functions as part of, or for the purpose of assisting, the Building Industry Taskforce.

building industry inspector means an inspector exercising or performing powers or functions as part of, or for the purpose of assisting, the Building Industry Taskforce.

building industry investigation means an investigation in relation to which the following paragraphs are satisfied:
 (a) the investigation is:
 (i) by a building industry authorised officer for a purpose referred to in subsection 83BH(1) (which is about authorised officers ascertaining whether the terms of an AWA, or certain provisions of this Act, are being, or have been, complied with); or
 (ii) by a building industry inspector for a purpose referred to in subsection 86(1) (which is about inspectors ascertaining whether the terms of an award or certified agreement, or certain provisions of this Act, are being, or have been, complied with); and
 (b) the subject matter of the investigation involves, or is related to, the building and construction industry.

Building Industry Taskforce means the Taskforce of that name established within the Department.