Commonwealth Consolidated Acts

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Notices to produce a document or thing

             (1)  An examiner may, by issuing a written notice served on a person, require the person:

                     (a)  to attend, at a specified time and place, before an examiner or member of the staff of the ACC; and

                     (b)  to produce to that person at that time and place a specified document or thing relevant to a special ACC operation/investigation;

if the examiner is satisfied that issuing the notice is reasonable in all the circumstances.

Note:          The examiner may need to include a notation in the notice (see section 21B).

             (2)  The examiner must record in writing the reasons for the notice. The record must be made at or before the time the notice is issued.

             (3)  A notice may be issued under subsection (1) whether or not an examination is being held for the purposes of the special ACC operation/investigation.

             (4)  A person commits an offence if:

                     (a)  the person is served with a notice under subsection (1); and

                     (b)  the person fails to comply with a notice.

Penalty:  Imprisonment for 5 years or 200 penalty units, or both.

             (5)  A failure to comply with section 21B does not affect the validity of a notice issued under subsection (1).

Note 1:       A legal practitioner may refuse to comply with the notice in certain circumstances: see section 21D.

Note 2:       Subsection (4) is not subject to the privilege against self-incrimination but there are limits on the uses to which the document or thing may be put: see section 21E.

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