Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 7

7. (1) Subject to this Act, each complaint that is referred to the
Investigation Division under section 6, each complaint that is referred to the
Commissioner under section 23, and each matter that is referred to that
Division under sub-section 25(5), shall be investigated by that Division.

(2) A complaint that has been investigated by the Investigation Division
shall, in accordance with sub-section 11 (7) or upon request being made by the
Ombudsman under sub-paragraph 36 (1) (a) (i), be investigated further by that
Division.

(3) The investigation or further investigation of a complaint, or the
investigation of a matter referred to in sub-section (1), shall be conducted,
subject to this Part, in such manner as the officer in charge thinks fit.

(4) Subject to this Part, a member of the Investigation Division may, for the
purposes of the investigation, obtain information from such persons, and make
such inquiries, as he thinks fit.

(5) A member of the Investigation Division may, for the purposes of the
investigation, direct a member of the Australian Federal Police to furnish
information, produce a document or other record or answer a question, being
information, a document or record or a question that is relevant to the
investigation.

(6) Where a member of the Australian Federal Police is directed under
sub-section (5) to furnish information, produce a document or 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 a member of the Investigation Division;

   (b)  the production of a document or other record by a member of the
        Australian Federal Police to a member of the Investigation Division;
        or

   (c)  an answer given by a member of the Australian Federal Police to a
        question put to him by a member of the Investigation Division, where
        the member of the Australian Federal Police has not been expressly
        directed, under sub-section (5), 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, refuse or fail to furnish information,
        produce a document or other record or answer a question when so
        required in pursuance of this section; or

   (b)  furnish information or make a statement to a member of the
        Investigation Division knowing that it is false or misleading in a
        material particular.

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

(9) For all purposes of the Australian Federal Police Act 1979, and the
regulations in force under that Act, a direction given by a member of the
Investigation Division under sub-section (5) has effect as if it had been
given by the Commissioner.

(10) Sub-sections (3) and (4) do not authorize a member of the Australian
Federal Police to contravene or fail to comply with a law that would, if those
sub-sections had not been enacted, apply in relation to the investigation of a
complaint or other matter referred to the Investigation Division, but nothing
in this sub-section affects the operation of any other provision of this
section.

(11) A member of the Australian Federal Police is not liable to any penalty
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 a member of the Investigation Division under this section.