AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40VG Special powers if investigator conducting inquiry under Division 4

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40VG

Section applies to inquiries

  (1)   This section applies if the investigator is conducting an inquiry under Division   4.

Investigator may give direction

  (2)   For the purposes of the inquiry, the investigator may:

  (a)   direct an AFP appointee to attend before him or her at the time and place specified in the direction and to answer questions relevant to the inquiry when the AFP appointee attends; and

  (b)   administer an oath or affirmation to the AFP appointee; and

  (c)   examine the AFP appointee on oath or affirmation; and

  (d)   by means of sound recording apparatus or otherwise, make a record of any information furnished, or answer given, in compliance with such a direction or cause such a record to be made.

Note:   Failure to comply with a direction under paragraph   (a), or to be sworn or make an affirmation under paragraph   (b), is an offence (see subsection   40VH(1)).

  (3)   A direction under subsection   (2) has no effect unless the investigator:

  (a)   states in the direction that the AFP appointee to whom the direction is given is being expressly directed under that subsection; and

  (b)   specifies in the direction the substance of the subject matter of the inquiry; and

  (c)   if it is practicable to do so--gives the direction in writing; and

  (d)   if the direction is given in writing--gives the AFP appointee a copy of the direction.

Obligation to comply with direction

  (4)   If an AFP appointee is directed under subsection   (2) to answer a question, the AFP appointee is not excused from complying with the direction:

  (a)   on the ground that answering the question:

  (i)   would be contrary to the public interest; or

  (ii)   might make him or her liable to a penalty; or

  (b)   on the ground that the answer to the question might tend to incriminate him or her; or

  (c)   on any other ground.

Use to which answer may be put

  (5)   The answer to the question is not admissible in evidence against the AFP appointee in any civil or criminal proceedings other than:

  (a)   proceedings for an offence against subsection   40VH(1); or

  (b)   proceedings in relation to termination action taken in relation to the AFP appointee; or

  (c)   proceedings under the Safety, Rehabilitation and Compensation Act 1988 ; or

  (d)   proceedings in tort that the AFP appointee institutes against the Commonwealth.

  (6)   Nothing in subsection   (5) is taken to affect the admissibility in evidence, in any civil or criminal proceedings, of an answer given by an AFP appointee to a question put to him or her by the investigator if the AFP appointee has not been expressly directed, under subsection   (2), to answer the question.

Direction has same effect as if given by Commissioner

  (7)   For all the purposes of this Act, and the regulations in force under this Act, a direction given by the investigator under subsection   (2) has effect as if it had been given by the Commissioner.

AFP appointee not liable to penalty for answering question

  (8)   An AFP appointee is not liable to any penalty (other than a penalty for an offence against subsection   40VH(1)) under the provisions of any other law because the AFP appointee answers a question when directed to do so by the investigator under subsection   (2).

Direction is not a legislative instrument

  (10)   If a direction given by an investigator under subsection   (2) is in writing, the direction is not a legislative instrument.