Document ID: chunk:federal_register_of_legislation:C2021A00074:clause:1_238:p1
Version: federal_register_of_legislation:C2021A00074
Segment Type: clause
Provision Reference: sch 1 cl 238 (pt 1/2)
Character Range: 129346–132155

238  Power to require information
 (1) This section applies to a person if the Inspector‑General has reason to believe that information (the compellable information) relating to any of the following matters:
 (a) the investigation of a designated compliance provision;
 (b) an audit being conducted under section 73L;
 (c) a matter:
 (i) relevant to the performance of the Inspector‑General's functions (other than the functions referred to in any of paragraphs 215C(1)(a) to (c)); and
 (ii) specified in regulations made for the purposes of this paragraph;
is in the person's possession, custody or control (whether held electronically or in any other form).
 (2) The Inspector‑General may, in writing, require the person to give specified compellable information to the Inspector‑General:
 (a) within a specified period of time (which must not be less than 14 days after the requirement is made); and
 (b) in a specified form or manner.

Fault‑based offence
 (3) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (2); and
 (b) the person fails to comply with the requirement.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Civil penalty provisions
 (4) A person is liable to a civil penalty if:
 (a) the person is subject to a requirement under subsection (2); and
 (b) the person fails to comply with the requirement.
Note: In proceedings against a person for a contravention of a civil penalty provision, it is generally not necessary to prove the person's state of mind (see section 154C).
Civil penalty: 100 penalty units.
 (5) A person is liable to a civil penalty if:
 (a) the person is subject to a requirement under subsection (2); and
 (b) the person gives information to the Inspector‑General in compliance or purported compliance with that requirement; and
 (c) the person does so knowing that the information:
 (i) is false or misleading in a material particular; or
 (ii) omits any matter or thing without which the information is misleading in a material particular.
Note: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).
Civil penalty: 100 penalty units.

Exceptions
 (6) Subsection (4) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse merely because the information in question is:
 (a) of a commercial nature; or
 (b) subject to an obligation of confidentiality arising from a commercial relationship; or
 (c) commercially sensitive.
Note: The person bears an evidential burden in relation to the matter in this subsection (see section 154E).
 (7) Subsection (4) does not apply in relation to compellable information relating to a matter referred to in