VETERANS' ENTITLEMENTS ACT 1986 - SECT 128 Secretary may obtain information etc.

VETERANS' ENTITLEMENTS ACT 1986 - SECT 128

  (1)   The Secretary may, for the purposes of this Act, by notice in writing given to a person (including a person employed in or in connection with a Department of the Government of the Commonwealth, of a State or of a Territory or by any authority of the Commonwealth or of a State or Territory), require the person:

  (a)   to:

  (i)   provide the Department, or an officer specified in the notice, with such information as the Secretary requires; or

  (ii)   produce to the Department, or to an officer so specified, any documents in the custody or under the control of the person;

    within the period (not being less than 14 days after the notice is given) and in the manner specified in the notice; or

  (b)   to appear before an officer specified in the notice at such reasonable time (not being a time earlier than 14 days after the notice is given) and place as are specified in the notice to answer questions.

  (2)   Without limiting the generality of subsection   (1), the Secretary may:

  (a)   by notice in writing given to a person who is indebted to the Commonwealth under or as a result of this Act, require the person:

  (i)   to provide the Department, or an officer specified in the notice, within the period specified in the notice (not being less than 14 days after the notice is given), with such information concerning the person's financial situation as is required by the notice or to produce to the Department, or to an officer so specified, within that period, such documents concerning that situation as are so specified; and

  (ii)   if the person's address changes, to notify the Department or an officer so specified, within 14 days of the change, of the new address; or

  (b)   by notice in writing given to a person who the Secretary believes may have information concerning the whereabouts of a person who is indebted to the Commonwealth under or as a result of this Act or the financial situation of such a person, require the person to provide the Department, or an officer specified in the notice, within the period specified in the notice (not being less than 14 days after the notice is given), with such information concerning those matters as is required by the notice or to produce to the Department, or to an officer so specified, within that period, such documents concerning those matters as are specified in the notice.

  (2AA)   A document lodged as a consequence:

  (a)   of a notice issued under subsection   (1) requiring a person to provide the Department, in writing, with such information as the Secretary specifies in the notice; or

  (b)   of a notice issued under paragraph   (2)(a) requiring a person to provide the Department with such written information concerning the person's financial situation as is required by that notice; or

  (c)   of a notice under paragraph   (2)(b) requiring a person to provide the Department, in writing, with such information concerning the whereabouts or financial situation of a person indebted to the Commonwealth as is specified in the notice;

is to be lodged at an office of the Department in Australia in accordance with section   5T and is taken to have been lodged on a day determined under that section.

  (2A)   The Secretary may require the information or answers to questions under this section to be verified or given, as the case may be, on oath or affirmation, and either orally or in writing, and for that purpose the Secretary or an officer to whom information or answers are verified or given may administer an oath or affirmation.

  (3)   The oath or affirmation to be taken by a person for the purposes of this section is an oath or affirmation that the evidence the person will give will be true.

  (4)   A person must not fail to comply with a notice under subsection   (1).

Penalty:   Imprisonment for 6 months or 10 penalty units.

  (4A)   An offence under subsection   (4) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (4B)   Subsection   (4) does not apply to the extent that the person is not capable of complying with the notice.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (4B). See subsection   13.3(3) of the Criminal Code .

  (5)   A person shall not, in purported compliance with a notice under subsection   (1), intentionally furnish information or give evidence that is false or misleading in a material particular.

Penalty:   Imprisonment for 12 months or 20 penalty units, or both.

  (6)   This section binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.

  (7)   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 (not being a law of a Territory).