Commonwealth Consolidated Acts

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PRODUCT GRANTS AND BENEFITS ADMINISTRATION ACT 2000 - SECT 42

Commissioner may obtain information and documents

             (1)  This section applies to a person if the Commissioner has reason to believe that the person:

                     (a)  has information or a document that is relevant to the operation of this Act or an entitlement Act; or

                     (b)  is capable of giving evidence which the Commissioner has reason to believe is relevant to the operation of this Act or an entitlement Act.

             (2)  The Commissioner may, by written notice given to the person, require the person:

                     (a)  to give to the Commissioner, within the period and in the manner and form specified in the notice, any such information; or

                     (b)  to produce to the Commissioner, within the period and in the manner specified in the notice, any such documents; or

                     (c)  to attend before the Commissioner at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.

          (2A)  If the Commissioner is satisfied that the person has failed to comply with a requirement under subsection (2):

                     (a)  the Commissioner may advise the person in writing that the Commissioner is so satisfied and that the consequences in paragraph (b) will apply; and

                     (b)  if the Commissioner does so, the Commissioner must not make an assessment in relation to any existing or new claim by the person for an entitlement to a grant or benefit until the person complies with the requirement.

Note:          Failing to comply with a notice can also be an offence against section 8C of the Taxation Administration Act 1953 .

             (3)  The regulations may prescribe scales of expenses to be allowed to persons who are required to attend under this section.



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