Victorian Consolidated Legislation

Construction Industry Long Service Leave Act 1997 - SECT 10

Trustee may request information

10. Trustee may request information



(1) The trustee may, by notice in writing given to an employer or a working
sub-contractor or any person whom the trustee believes to be an employer or a
working sub-contractor, require that person-

   (a)  to give any information to the trustee; or

   (b)  to produce to the trustee any document under that person's control-

that is relevant to the ascertainment by the trustee of that or any other
person's rights or liabilities under the trust deed.

(2) A notice under subsection (1) must specify-

   (a)  the time or times, not sooner than 28 days after the date of the
        notice, at which; and

   (b)  the form and manner in which-

the information is to be given or the document produced.

(3) A person to whom a notice is given under subsection (1) must not-

   (a)  refuse or fail to comply with the notice; or





   (b)  in response to the notice give information that is false or misleading
        in a material particular.

Penalty: 20 penalty units.

(4) A person is not excused from complying with a notice under subsection (1)
on the ground that compliance might tend to incriminate the person but, if the
person in writing given to the trustee before complying with the notice,
claims that compliance might tend to incriminate the person, any information
given or document produced by the person in compliance with the notice is not
admissible in evidence against the person in criminal proceedings, other than
proceedings under this Act or other proceedings in respect of the falsity of
the information or document.

(5) In a proceeding for an offence against subsection (3)(b) it is a defence
to the charge for the accused to prove that at the time at which the offence
is alleged to have been committed, the accused believed on reasonable grounds-

   (a)  in the case of false information-that the information was true; or

   (b)  in the case of misleading information-that the information was not
        misleading.