Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 92.7

Power to require people to answer questions etc.

             (1)  If an * authorised officer is at premises that he or she entered under a warrant, the officer may require any person at the premises:

                     (a)  to answer any questions put by the authorised officer; and

                     (b)  to produce any documents requested by the authorised officer.

             (2)  A person commits an offence if the person fails to comply with a requirement under subsection (1).

Penalty:  30 penalty units.

Note 1:       Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:       Approved providers also have a responsibility under paragraph 63-1(1)(b) to co-operate with a person exercising powers under this Part and to comply with this Part in relation to the person's exercise of those powers. An approved provider who does not comply with a requirement under subsection (1) may not be complying with that responsibility. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

             (3)  A person is excused from complying with a requirement under subsection (1) if the answer to the question or the production of the document might tend to incriminate the person or expose the person to a penalty.

             (4)  The powers of an * authorised officer under this section are to be exercised subject to the requirements of Australian Privacy Principles 3 and 5.

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