Document ID: chunk:federal_register_of_legislation:C2023A00055:section:44
Version: federal_register_of_legislation:C2023A00055
Segment Type: section
Provision Reference: s 44
Character Range: 47263–49297

44  Power of Inspector‑General to obtain information
 (1) The Inspector‑General may give a notice to a person under subsection (2) if the Inspector‑General has reason to believe that the person has information or a document or thing that is relevant to the performance of any of the Inspector‑General's functions referred to in paragraphs 10(1)(a) to (d).
 (2) The Inspector‑General may, by written notice given to the person, require the person:
 (a) to give any such information to an official of the Office; or
 (b) to produce any such document or thing to an official of the Office; or
 (c) to appear before an official of the Office to answer questions.
 (3) The notice must:
 (a) if paragraph (2)(a) or (b) applies—specify:
 (i) the period (which must be at least 14 days after the notice is given to the person) within which the person is required to comply with the notice; and
 (ii) the manner in which the person is required to comply with the notice; and
 (b) if paragraph (2)(c) applies—specify:
 (i) a time and place at which the person is to appear; and
 (ii) the nature of the matter to which the questions will relate; and
 (c) in any case—state the effect of subsections (7) and (8) and sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).
 (4) The Inspector‑General may require answers provided under paragraph (2)(c) to be verified by, or given on, oath or affirmation, and provided either orally or in writing.
 (5) The official to whom information or answers are verified or given may administer the oath or affirmation.
 (6) A person contravenes this subsection if:
 (a) the person is given a notice under subsection (2); and
 (b) the person fails to comply with the notice.

Fault‑based offence
 (7) A person commits an offence if the person contravenes subsection (6).
Penalty: 30 penalty units or imprisonment for 6 months, or both.

Civil penalty
 (8) A person is liable to a civil penalty if the person contravenes subsection (6).
Civil penalty: 100 penalty units.