Commonwealth Consolidated Acts

DISABILITY SERVICES ACT 1986 - SECT 27

             (1)  Where the Secretary believes on reasonable grounds that a person is capable of furnishing information, producing documents or giving evidence in relation to any matter that might affect, or have affected:

                     (a)  the payment of an allowance under this Part to the person or any other person; or

                     (b)  the liability of the person or any other person to pay an amount to the Commonwealth under section 23;

the Secretary may, by notice served on the person, require the person:

                     (c)  to furnish, within a reasonable period and in a reasonable manner, being a period and manner specified in the notice, any such information to a Commonwealth employee specified in the notice;

                     (d)  to produce, within a reasonable period and in a reasonable manner, being a period and manner specified in the notice, any such documents to a Commonwealth employee specified in the notice; or

                     (e)  to appear, at a reasonable time and place specified in the notice, before a Commonwealth employee specified in the notice to give any such evidence, either orally or in writing, and to produce any such documents.

             (2)  A Commonwealth employee specified in a notice given pursuant to paragraph (1)(e) may require any evidence that is to be given to the Commonwealth employee in compliance with the notice to be given on oath or affirmation, and for that purpose the Commonwealth employee may administer an oath or affirmation.

             (3)  A person shall not:

                     (a)  refuse or fail to comply with a notice under subsection (1); or

                     (b)  in purported compliance with such a notice, furnish information or give evidence knowing that the information or evidence is false or misleading in a material particular.

Penalty: $1,000 or imprisonment for 6 months.

          (3A)  Paragraph (3)(a) applies only to the extent to which the person is capable of complying with the notice.

             (4)  A person is not excused from furnishing information, producing a document or giving evidence pursuant to a notice under subsection (1) on the ground that the information or evidence, or the production of the document, may tend to incriminate the person, but any information furnished, document produced or evidence given pursuant to a notice under subsection (1), and any information or thing (including any document) obtained as a direct or indirect consequence of the furnishing of the information, production of the document or giving of the evidence, as the case may be, is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection (3).

             (5)  This section binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.

             (6)  This section does not require a person to furnish information, produce a document or give evidence to the extent that in doing so the person would contravene a law of the Commonwealth.

             (7)  Nothing contained in any law of a State or Territory shall operate so as to prevent any person from furnishing any information, producing any documents or giving any evidence to a Commonwealth employee pursuant to a notice under subsection (1).