Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT ACT (No. 3) 1993 No. 1 of 1994 - SECT 73

73. After section 78 of the Principal Act the following section is inserted:
Examination of documents etc. This section applies to the evaluation and audit
of certain individuals and bodies

"78A.(1) This section applies if the Office of Evaluation and Audit:

   (a)  evaluates or audits the operations of a body in accordance with
        paragraph 76(1)(b), (f) or (g); or

   (b)  evaluates or audits the activities of an individual in accordance with
        paragraph 76(1)(e). Authorised person

"(2) The Director of Evaluation and Audit may, by notice in the Gazette,
authorise a person (the 'authorised person') who is a member of the staff of,
or a consultant to, the Commission to perform functions and exercise powers
for the purposes of this section. Power of Director or authorised person to
examine documents

"(3) For the purposes of a particular evaluation or audit, the Director of
Evaluation and Audit or an authorised person may examine documents relating to
the individual or body concerned. Authorised person must report to the
Director on the results of examination

"(4) An authorised person must report to the Director of Evaluation and Audit
on the results of an examination conducted in accordance with subsection (3),
drawing the Director's attention to any irregularity that is relevant to the
evaluation or audit of the individual or body concerned. Director or
authorised person entitled to access to documents

"(5) For the purposes of performing the function conferred by subsection (3),
the Director of Evaluation and Audit or the authorised person:

   (a)  is entitled at all reasonable times to full and free access to
        documents relating to the individual or body; and

   (b)  may make copies, or take extracts from, any such document; and

   (c)  may require a person:

        (i)    to answer such questions; and

        (ii)   to produce such documents in the person's possession or to
               which the person has access; as the Director of Evaluation and
               Audit or the authorised person, as the case requires, considers
               necessary for that purpose. Penalty for failure to comply with
               paragraph (5)(c)

"(6) A person who, without reasonable excuse, refuses or fails to comply with
a requirement under paragraph (5)(c) is guilty of an offence punishable upon
conviction by a fine not exceeding 20 penalty units. Self-incrimination

"(7) For the purposes of subsection (6), it is not a reasonable excuse for a
person to refuse or fail:

   (a)  to give information; or

   (b)  to produce a document; in accordance with a requirement made of the
        person, on the ground that the information or production of the
        document, as the case may be, might tend to incriminate the person or
        make the person liable to a penalty. However:

   (c)  giving the information or producing the document; or

   (d)  any information, document or thing obtained as a direct or indirect
        consequence of the giving of the information or producing the
        document; is not admissible in evidence against the person in any
        criminal proceedings, other than proceedings for an offence against,
        or arising out of, subsection (6) or (8). Penalty for knowingly making
        a statement that is false or misleading

"(8) A person who, in purported compliance with a requirement under paragraph
(5)(c), makes a statement that is, to the person's knowledge, false or
misleading in a material particular, is guilty of an offence punishable on
conviction by a fine not exceeding 20 penalty units. Authorised person must
produce written authority before exercising powers

"(9) Before exercising powers under subsection (5), an authorised person must
produce written authority given by the Director of Evaluation and Audit. If
the authorised person fails to do so, he or she has no powers under that
subsection. Functions and powers conferred are additional to functions and
powers conferred on Auditor-General

"(10) The functions and powers conferred by this section are in addition to,
and not in substitution for, any functions or powers conferred on the
Auditor-General, or any other person, by or under any other law of the
Commonwealth.".