Part 10
-
Administration
Division 2
-
Information gathering
SECTION 347
PROVISIONS RELATING TO REQUIREMENTS
347(1)
Requirement by written notice
A requirement made to a person under section
343
,
344
or
345
must be by written notice given to the person.
Note:
Sections
28A
and
29
of the
Acts Interpretation Act 1901
, and section 9 of the
Electronic Transactions Act 1999
, set out methods by which the notice may be given.
History
S 347(1) amended by No 184 of 2007, s 3 and Sch 1 item 3, by substituting the note, effective 28 September 2007. The note formerly read:
Note:
Meaning of
given
-
sections 28A and 29 of the
Acts Interpretation Act 1901
provides that a notice is
given
to a natural person if the notice is:
•
delivered personally; or
•
left at the last known address of the person; or
•
sent by pre-paid post to the last known address of the person.
Contents of notice
347(2)
The notice must specify:
(a)
a description of the information or document to which the requirement relates; and
(b)
how the person is to give the information or produce the document to which the requirement relates; and
(c)
the period within which the person is to give the information or produce the document; and
(d)
the officer (if any) to whom the information is to be given or the document is to be produced; and
(e)
that the notice is given under this section.
Note:
The notice may describe the information or documents by class (see subsection
33(3AB)
of the
Acts Interpretation Act 1901
).
History
S 347(2) substituted by No 26 of 2018, s 3 and Sch 17 item 71, applicable in relation to requirements made on or after 1 July 2018. S 347(2) formerly read:
347(2)
Contents of notice
The notice must state:
(a)
how the person is to give the information; and
(b)
the period within which the person is to give the information; and
(c)
the officer (if any) to whom the information is to be given; and
(d)
that the requirement made by the notice is under the section concerned.
Time limit for providing information or document
347(4)
For the purposes of paragraph (2)(c), the period must not end earlier than 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of this Act, to specify a shorter period.
History
S 347(4) substituted by No 26 of 2018, s 3 and Sch 17 item 72, applicable in relation to requirements made on or after 1 July 2018. S 347(4) formerly read:
347(4)
Time limit for providing information
The period stated under paragraph (2)(b) must extend for at least 14 days after the notice is given.
347(5)
Appearance before officer
The notice may require the person to give the information by appearing (or, if the person is a body corporate, to arrange for a person to appear) before a particular officer to answer questions.
Time and place for appearance
347(6)
If the notice requires the person to appear before an officer, the notice must specify:
(a)
a time and place at which the person is to appear; and
(b)
that the person may be accompanied by a lawyer.
History
S 347(6) substituted by No 26 of 2018, s 3 and Sch 17 item 73, applicable in relation to requirements made on or after 1 July 2018. S 347(6) formerly read:
347(6)
Time and place for appearance
If the notice requires a person to appear before an officer, the notice must state a time and a place for the person to appear, and the time must be at least 14 days after the notice is given.
347(7)
For the purposes of subsection (6), the time must be at least 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of this Act, to specify an earlier time.
History
S 347(7) inserted by No 26 of 2018, s 3 and Sch 17 item 73, applicable in relation to requirements made on or after 1 July 2018.
347(10)
A person must not refuse or fail to comply with a requirement made under section
343
,
344
or
345
.
Penalty: Imprisonment for 12 months.
History
S 347(10) substituted by No 147 of 2001, s 3 and Sch 2 item 8, applicable to acts and omissions that take place after 1 October 2001. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after 1 October 2001, the act or omission is alleged to have taken place before 1 October 2001. S 347(10) formerly read:
347(10)
Offences
A person must not, without reasonable excuse, intentionally or recklessly refuse or fail to comply with a requirement made under section 343, 344 or 345 to the extent that the person is capable of complying with it.
Penalty for a contravention of this subsection: Imprisonment for 12 months.
Note:
Subsection 4B(2) of the
Crimes Act 1914
allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.
347(11)
Subsection (10) does not apply if the person has a reasonable excuse.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection
13.3(3)
of the
Criminal Code
).
History
S 347(11) inserted by No 147 of 2001, s 3 and Sch 2 item 8, applicable to acts and omissions that take place after 1 October 2001. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after 1 October 2001, the act or omission is alleged to have taken place before 1 October 2001.
347(12)
Subsection (10) does not apply to the extent that the person is not capable of complying with the requirement.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (12) (see subsection
13.3(3)
of the
Criminal Code
).
History
S 347(12) inserted by No 147 of 2001, s 3 and Sch 2 item 8, applicable to acts and omissions that take place after 1 October 2001. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after 1 October 2001, the act or omission is alleged to have taken place before 1 October 2001.
347(13)
For the purposes of an offence against subsection (10), strict liability applies to the physical element of circumstance, that the requirement was made under section
343
,
344
or
345
.
Note:
For strict liability, see section
6.1
of the
Criminal Code
.
History
S 347(13) inserted by No 147 of 2001, s 3 and Sch 2 item 8, applicable to acts and omissions that take place after 1 October 2001. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after 1 October 2001, the act or omission is alleged to have taken place before 1 October 2001.
History
S 347 amended by No 45 of 1998; No 155 of 1995 and inserted by No 183 of 1994.
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