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PUBLIC ADMINISTRATION ACT 2004 - SECT 60D Service of notice to produce or notice to attend

PUBLIC ADMINISTRATION ACT 2004 - SECT 60D

Service of notice to produce or notice to attend

    (1)     Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice.

    (2)     The Commission may serve a notice to attend requiring immediate attendance by a person if—

        (a)     the Commission considers on reasonable grounds that a delay in the person's attendance is likely to result in—

              (i)     evidence being lost or destroyed; or

              (ii)     the commission of an offence; or

              (iii)     the escape of the person on whom the notice is served; or

              (iv)     serious prejudice to the conduct of the inquiry to which the notice relates; or

        (b)     the person on whom the notice is served consents to immediate attendance.

    (3)     A notice to produce or notice to attend directed to a natural person must be served by serving a copy of the notice on the person personally.

    (4)     A notice to produce or notice to attend directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.

    (5)     Subsection (4) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.

S. 60E inserted by No. 67/2014 s. 144.