Document ID: chunk:federal_register_of_legislation:C2012A00042:clause:1_45:p1
Version: federal_register_of_legislation:C2012A00042
Segment Type: clause
Provision Reference: sch 1 cl 45 (pt 1/2)
Character Range: 38553–41450

45  Director may apply to nominated AAT presidential member for examination notice

General requirements
 (1) If the Director believes on reasonable grounds that a person:
 (a) has information or documents relevant to an investigation; or
 (b) is capable of giving evidence that is relevant to an investigation;
the Director may apply, in writing, to a nominated AAT presidential member for the issue of an examination notice requiring the person:
 (c) to give the information to the Director; or
 (d) to produce the documents to the Director; or
 (e) to attend before the Director to answer questions relevant to the investigation.

Application not permitted if determination by Independent Assessor is in force
 (2) The Director may not make an application under subsection (1) in relation to an investigation (regardless of when the suspected contravention to which the investigation relates occurred) if the investigation is connected with a building project in relation to which a determination under subsection 39(1) is in force.
Note: Subsection 39(1) provides for the Independent Assessor to make a determination that section 45 does not apply in relation to certain building projects.

Form and content of application
 (3) An application for an examination notice must:
 (a) if a form is prescribed by the regulations—be in that form; and
 (b) include any information prescribed by the regulations.
 (4) An application for an examination notice must not relate to more than one person, but may relate to more than one investigation.

Application must be accompanied by affidavit
 (5) An application for an examination notice must be accompanied by an affidavit by the Director including the following:
 (a) the name of the person in relation to whom the application relates;
 (b) details of the investigation (or investigations) to which the application relates;
 (c) a statement that the investigation (or investigations) are not connected with a building project in relation to which a determination under subsection 39(1) is in force;
 (d) the grounds on which the Director believes the person has information or documents, or is capable of giving evidence, relevant to the investigation (or investigations) referred to in paragraph (b);
 (e) details of other methods used to attempt to obtain the information, documents or evidence;
 (f) the number (if any) of previous applications for an examination notice that the Director has made in relation to the person in respect of the investigation (or investigations) referred to in paragraph (b);
 (g) information about whether the Director has made, or expects to make, any other applications for an examination notice in relation to the investigation (or investigations) referred to in paragraph (b) and, if so, the persons in relation to whom those applications relate.

Further information
 (6) A nominated AAT presidential member to