Document ID: chunk:federal_register_of_legislation:C2024C00482:clause:2_193zg:p1
Version: federal_register_of_legislation:C2024C00482
Segment Type: clause
Provision Reference: sch 2 cl 193ZG (pt 1/2)
Character Range: 97229–99962

193ZG  Examination of documents etc.
 (1) The Director may, by notice in the Gazette, authorise a person (the authorised person) who is a member of the staff of, or an independent contractor engaged by, the Department to perform functions and exercise powers for the purposes of this section.
 (2) For the purposes of an evaluation or audit relating to an Australian Government body, individual or organisation, the Director or an authorised person may examine documents relating to the Australian Government body, individual or organisation concerned.
 (3) An authorised person must report to the Director on the results of an examination conducted in accordance with subsection (2).
 (4) For the purposes of performing the functions conferred by subsection (2) and section 193X, the Director or the authorised person:
 (a) is entitled at all reasonable times to full and free access to documents relating to the body, individual or organisation; and
 (b) may make copies, or take extracts from, any such document; and
 (c) by notice in writing, 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;
  within such reasonable period, not being a period of less than 14 days, as is specified in the notice.
 (5) For the purposes of exercising powers conferred by subsection (4), an Australian Government body must provide access to premises (including any land or place) occupied by the Australian Government body, at all reasonable times, to the Director or an authorised person.
 (6) A person may only be required, under paragraph (4)(c), to provide information or to produce a document if the Director or authorised person has reason to believe that the person is capable of providing that information or producing that document.
 (7) A person who fails to comply with a requirement under paragraph (4)(c) is guilty of an offence punishable upon conviction by a fine not exceeding 20 penalty units.
 (8) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (9) Subsection (7) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code).
 (10) For the purposes of subsection (9), it is not a reasonable excuse for a person to 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 might tend to incriminate the person or make the person liable to a penalty. However:
 (c) evidence as to the giving of the information