Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 50

PART V - INQUIRIES DIRECTED BY THE MINISTER
50. (1) The Minister may, where he thinks it appropriate to do so, arrange for
an inquiry to be held, by such person or persons, and in such manner, as he
determines, concerning -

   (a)  any action taken by a member (including action the subject of a
        complaint made to a member or to the Ombudsman); or

   (b)  any other matter relating to the Australian Federal Police.

(2) Subject to this section, the person or persons holding an inquiry under
sub-section (1) may, for the purposes of the inquiry, obtain information from
such persons, and make such inquiries, as he thinks, or they think, fit.

(3) The person or persons holding an inquiry under sub-section (1) may, for
the purposes of the inquiry -

   (a)  enter premises occupied by the Australian Federal Police and carry on
        the inquiry on those premises;

   (b)  inspect any documents or records kept at premises occupied by the
        Australian Federal Police and take extracts from, or a copy of, such a
        document or record or cause such extracts or such a copy to be taken;
        and

   (c)  examine any property used by the Australian Federal Police.

(4) For the purposes of an inquiry under sub-section (1) -

   (a)  the person holding the inquiry, or any of the persons holding the
        inquiry, may direct a member of the Australian Federal Police -

        (i)    to furnish information or produce a document or other record,
               being information or a document or record that is relevant to
               the inquiry; or

        (ii)   to attend before him at a time and place specified by him and
               then and there to answer questions relevant to the inquiry;

   (b)  the person or persons holding the inquiry may, by means of sound
        recording apparatus or otherwise, make a record of any information
        furnished, or answer given, in compliance with such a direction or
        cause such a record to be made; and

   (c)  the person or persons holding the inquiry may take extracts from, or a
        copy of, a document or record produced in compliance with such a
        direction or cause such extracts or such a copy to be taken.

(5) A person, or any of the persons, holding an inquiry under sub-section (1)
may administer an oath or affirmation to a member of the Australian Federal
Police required to attend before him in pursuance of paragraph (4) (a) and may
examine the member of the Australian Federal Police on oath or affirmation.

(6) Where a member of the Australian Federal Police is directed under
sub-section (4) to furnish information, produce a document or other record or
answer a question, the member is not excused from complying with the direction
on the ground that -

   (a)  the furnishing of the information, the production of the document or
        record or the answering of the question -

        (i)    would be contrary to the public interest; or

        (ii)   might make him liable to a penalty; or

   (b)  the information, the production of the document or record or the
        answer to the question might tend to incriminate him, or on any other
        ground, but the information, the production of the document or record
        or the answer to the question is not admissible in evidence against
        him in any civil or criminal proceedings other than proceedings for an
        offence against sub-section (8) or for or in relation to a
        breach of discipline.

(7) Nothing in sub-section (6) shall be taken to affect the admissibility in
evidence, in any civil or criminal proceedings, of -

   (a)  any information furnished by a member of the Australian Federal Police
        to the person or persons holding an inquiry under sub-section (1);

   (b)  the production of a document or other record by a member of the
        Australian Federal Police to the person or persons holding an inquiry
        under sub-section (1); or

   (c)  an answer given by a member of the Australian Federal Police to a
        question put to him by the person, or by any of the persons, holding
        an inquiry under sub-section (1), where the member of the Australian
        Federal Police has not been expressly directed, under sub-section (4),
        to furnish the information, produce the document or record or answer
        the question.

(8) A member of the Australian Federal Police shall not -

   (a)  without reasonable excuse -

        (i)    fail to attend before a person;

        (ii)   refuse or fail to be sworn or make an affirmation; or

        (iii)  refuse or fail to furnish information, produce a document or
               other record or answer a question, when so required in
               pursuance of this section;

   (b)  without reasonable excuse, wilfully obstruct, hinder or resist a
        person, or any of the persons, holding an inquiry under sub-section
        (1); or

   (c)  furnish information or make a statement to a person, or any of the
        persons, holding an inquiry under sub-section (1) knowing that it is
        false or misleading in a material particular.

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

(9) For all the purposes of the Australian Federal Police Act 1979, and the
regulations in force under that Act, a direction given under paragraph (4) (a)
by the person, or any of the persons, holding an inquiry under sub-section (1)
has effect as if it had been given by the Commissioner.

(10) A member of the Australian Federal Police is not liable to any penalty
(other than a penalty for an offence against sub-section (8)) under the
provisions of any other law by reason of his furnishing information, producing
a document or other record or answering a question when directed to do so by
the person, or any of the persons, holding an inquiry under sub-section (1).