Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 93.4

Authorised officers may examine on oath or affirmation

             (1)  An * authorised officer may examine a person on oath or affirmation and may, for that purpose:

                     (a)  require the person either to take an oath or make an affirmation; and

                     (b)  administer an oath or affirmation to the person.

             (2)  A person may refuse to be sworn or make an affirmation if required to do so for the purpose of answering questions or producing documents that do not relate to:

                     (a)  the affairs of a * corporation that is or has been an approved provider; or

                     (b)  the payment of * subsidy.

Note:          Approved providers 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 commits an offence if:

                     (a)  the person refuses or fails to be sworn or make an affirmation when so required; and

                     (b)  the requirement has been made for the purpose of answering questions or producing documents that relate to:

                              (i)  the affairs of a * corporation that is or has been an approved provider; or

                             (ii)  the payment of * subsidy.

Penalty:  30 penalty units.

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

             (4)  The oath or affirmation to be taken or made by the person for the purposes of the examination is an oath or affirmation that the statements that the person will make will be true.



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