Document ID: chunk:federal_register_of_legislation:C2024C00526:section:34a
Version: federal_register_of_legislation:C2024C00526
Segment Type: section
Provision Reference: s 34A
Character Range: 87895–90315

34A  Power to require information or documents
 (1) If the Secretary believes on reasonable grounds that a person has information or documents relevant to the operation of this Act, the Secretary may, by written notice, require the person:
 (a) to give an authorised officer specified in the notice the information specified in the notice within the period specified in the notice; or
 (b) to produce to an authorised officer specified in the notice the documents specified in the notice within the period specified in the notice.
 (2) The period specified in the notice must be at least 14 days after the notice is given under subsection (1).
 (3) However, the Secretary may specify a shorter period if the Secretary considers it necessary to do so because the information or documents relate to food that the Secretary is satisfied may pose a risk to human health and the Secretary is satisfied that the risk is serious.
 (4) A notice under subsection (1) must set out the effect of the following provisions:
 (a) subsection (5);
 (b) section 137.1 of the Criminal Code (about giving false or misleading information);
 (c) section 137.2 of the Criminal Code (about producing false or misleading documents).
 (5) A person commits an offence of strict liability if:
 (a) the person is given a notice under subsection (1); and
 (b) the person fails to comply with the notice.
Penalty: 60 penalty units.

Authorised officer may inspect and copy documents
 (6) An authorised officer may:
 (a) inspect a document produced under paragraph (1)(b); and
 (b) make and retain copies of the whole or a part of the document.

Authorised officer may retain documents
 (7) An authorised officer may take, and retain for as long as is reasonably necessary, possession of a document produced under paragraph (1)(b).

Certified copy of documents
 (8) The person otherwise entitled to possession of a document produced under paragraph (1)(b) is entitled to be supplied, as soon as practicable, with a copy certified by the Secretary to be a true copy.
 (9) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
 (10) Until a certified copy is supplied, the Secretary must, at such times and places as the Secretary thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of the document.