Document ID: chunk:federal_register_of_legislation:C2004A01347:clause:4_88aa:p1
Version: federal_register_of_legislation:C2004A01347
Segment Type: clause
Provision Reference: sch 4 cl 88AA (pt 1/2)
Character Range: 17417–20092

88AA  Secretary's powers to obtain information etc.

Secretary may require information, documents etc.

 (1) Subject to subsections (2) and (3), if the Secretary of the Department believes on reasonable grounds that a person (the relevant person):
 (a) has information or documents relevant to a building industry investigation; or
 (b) is capable of giving evidence that is relevant to a building industry investigation;
the Secretary may, by written notice given within 3 years of the commencement of this Part to the relevant person, require the relevant person:
 (c) to give the information to the Secretary, or to an assistant, by the time, and in the manner and form, specified in the notice; or
 (d) to produce the documents to the Secretary, or to an assistant, by the time, and in the manner, specified in the notice; or
 (e) to attend before the Secretary, or an assistant, at the time and place specified in the notice, and answer questions relevant to the investigation.

 (2) The time specified under paragraph (1)(c), (d) or (e) must be at least 14 days after the notice is given.

 (3) The power given by subsection (1) must not be used for the purposes of an investigation that is minor or petty.

Exercise of powers or functions by assistants

 (3A) An assistant cannot exercise or perform powers or functions as mentioned in paragraph (1)(c), (d) or (e) unless guidelines that have been made and tabled as required by section 88AGA are in force.

 (3B) In exercising or performing powers or functions as mentioned in paragraph (1)(c), (d) or (e), an assistant must comply with the guidelines.

Legal representation

 (4) A person attending before the Secretary of the Department, or before an assistant, as mentioned in paragraph (1)(e) may, if the person so chooses, be represented by a person who, under the Judiciary Act 1903, is entitled to practise as a barrister or solicitor, or both, in a federal court.

Oath or affirmation

 (5) The Secretary of the Department, or an assistant, may require the information or answers to be verified by, or given on, oath or affirmation, and either orally or in writing. For that purpose, the Secretary, or an assistant, may administer the oath or affirmation.

 (6) The oath or affirmation is an oath or affirmation that the information or answers are or will be true.

Offence

 (7) A person commits an offence if:
 (a) the person has been given a notice under subsection (1); and
 (b) the person fails:
 (i) to give the required information by the time, and in the manner and form, specified in the notice; or
 (ii) to produce the required documents by the time, and in the manner, specified in the notice;