Document ID: chunk:federal_register_of_legislation:C2006A00084:clause:1_40ve:p2
Version: federal_register_of_legislation:C2006A00084
Segment Type: clause
Provision Reference: sch 1 cl 40VE (pt 2/2)
Character Range: 63781–65906

proceedings, of:
 (a) any information given by an AFP appointee to the investigator; or
 (b) the production of a document, record or thing by an AFP appointee to the investigator; or
 (c) an answer given by an AFP appointee to a question put to him or her by the investigator; or
 (d) evidence obtained by an AFP appointee doing something for the purposes of obtaining evidence at the request of the investigator;
if the AFP appointee has not been expressly directed, under subsection (1), to give the information, to produce the document, record or thing, to answer the question or to do that thing.

 (6) If a document, record or thing is produced to the investigator under a direction under subsection (1), the investigator may:
 (a) examine the document, record or other thing; and
 (b) retain possession of the document, record or other thing for such period as is necessary for the purposes of the investigation or inquiry.
If the investigator retains possession of a document, record or thing under paragraph (b) during a particular period, the investigator must allow a person who would be entitled to inspect the document, record or thing if it was not in the investigator's possession to inspect the document, record or thing at all reasonable times.

 (7) If a document or record is produced to the investigator under a direction under subsection (1), the investigator may take extracts from, or a copy of, the document or record.

 (8) For all the purposes of this Act, and the regulations in force under this Act, a direction given by the investigator under subsection (1) has effect as if it had been given by the Commissioner.

 (9) An AFP appointee is not liable to any penalty (other than a penalty under this Act) merely because the appointee:
 (a) gives information; or
 (b) produces a document, record or thing; or
 (c) answers a question; or
 (d) does something else;
when directed to do so by the investigator under this section.

Direction is not a legislative instrument

 (10) If a direction given by an investigator under subsection (1) is in writing, the direction is not a legislative instrument.