Commonwealth Consolidated Regulations

MUTUAL ASSISTANCE IN BUSINESS REGULATION REGULATIONS - SCHEDULE 1

(regulation 6)

Form 1 Notice under section 10 of the Act to give information, to produce documents or to appear in order to give evidence and produce documents

(regulation 6)

*(a) to give to [ Name of Commonwealth regulator ] , by instrument signed by [ you * / a competent officer* ] , within the following time:

[ state time ] , and in the following manner:

[ state manner ] , the following information that relates to a foreign request [ state the nature and substance of the request ] under section 6 of that Act:

[ state information ];

*(b) to produce to [ state Commonwealth regulator or person acting on its behalf ] documents to which the request relates (including in particular [ state the nature and substance of the request and identify any specific documents ]*);
*(c) to appear [ in the case of a body corporate, insert `by a competent officer'] before [ state person before whom the addressee or competent officer is to appear ] at the following place:
[ state address of place with sufficient particularity ] at:
[ state time ] on [ state day of week and date ]
to give evidence [ state `orally' or `in writing'] to which the request relates and to produce documents to which the request relates (including in particular [ state the nature and substance of the request and identify any specific documents ]*).
The following conditions have been specified under subparagraph 7 (1) (a) (ii) or paragraph 9 (2) (a) of the Act:
[ state the conditions, or write `nil', as appropriate ]
* delete as appropriate
Dated:
————————————————
( Signature )
For [ state name of Commonwealth
regulator ]
NOTES:

1. Under section 13 of the Mutual Assistance in Business Regulation Act 1992 , it is an offence, for which maximum penalty is 2 years' imprisonment, if a person, without reasonable excuse, fails to comply with a requirement of section 10 of the Act or, in purported compliance with that section, gives evidence or information knowing it to be false or misleading in a material particular.
2. Section 14 of the Act provides that, for the purposes of section 13, it is not a reasonable excuse for a person to refuse or fail to give information or evidence, or to produce documents, that the information, evidence or production of documents might tend to incriminate the person or make the person liable to a penalty.
3. In addition, section 14 provides that the information or evidence may not be used in a criminal proceeding or a proceeding for the imposition of a penalty, other than a proceeding in respect of the falsity of the information or the evidence.