Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p34
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 84046–86753

the repeal or amendment of those regulations by regulations made under the Superannuation Act 1976.

69. After section 163 of the Principal Act the following sections are inserted:

Power to require persons to give information and produce documents
"163a. (1) Where the Commissioner has reason to believe that a person is capable of giving information or producing a document relating to a matter that is relevant to the operation of this Act, the superseded Act or regulations under either Act in relation to the person or to another person for whom the first-mentioned person is authorised to act in relation to this Act, the Commissioner may, by notice in writing served on the first-mentioned person, require the first-mentioned person—
     (a) to give to the Commissioner, by writing signed by the first-mentioned person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any such information; or
     (b) to produce to the Commissioner or to an officer or employee of the Australian Public Service specified in the notice acting on the

     Commissioner's behalf, in accordance with the notice, any such document.
"(2) A notice under this section requiring a person to give information or produce a document shall set out the effects of sub-sections (3), (4) and (5).
"(3) A person shall not refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it.
Penalty—
     (a) if the offender is a natural person—$1,000 or imprisonment for 6 months, or both; or
     (b) if the offender is a body corporate—$5,000.
"(4) A person who produces a document in pursuance of a notice under sub-section (1) that, to the knowledge of that person, is false or misleading in a material particular shall, upon so producing the document, give to the person to whom it is produced, a statement in writing signed by the first-mentioned person or, in the case of a body corporate, by a competent officer of the body corporate—
     (a) stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and
     (b) setting out, or referring to, the material particular in respect of which the document is, to the knowledge of the first-mentioned person, false or misleading.
Penalty—
     (a) if the offender is a natural person—$1,000 or imprisonment for 6 months, or both; or
     (b) if the offender is a body corporate—$5,000.
"(5) A person is not excused from giving information or producing a document in pursuance of this section on the ground that the information or the production of the document might