Foreign Acquisitions and Takeovers Act 1975

PART 8 - MISCELLANEOUS  

SECTION 133   TREASURER MAY REQUIRE INFORMATION  

133(1)    

The Treasurer may give a notice under this section if the Treasurer has reason to believe that a person can give information or produce documents relating to:

(a)    matters that are relevant to the exercise by the Treasurer of the Treasurer ' s powers under this Act; or

(b)    information that is contained in the Register, or may be added to the Register; or

(c)    circumstances in which a person is required to give a notice to the Registrar under Part 7A .

133(2)    
The Treasurer may, by notice in writing given to the person, require the person:

(a)    to give any such information to the Treasurer or any other specified person acting on the Treasurer ' s behalf; or

(b)    to produce any such documents to the Treasurer or any other specified person acting on the Treasurer ' s behalf.

Note: The periods mentioned in section 77 (time limit on making orders and decisions) stop until the person gives the information or produces the documents (see subsection 77(7) ).

Giving information

133(3)    

The notice must specify:

(a)    

in the case of an action in respect of which the Treasurer has given a notice under subsection 66A(4) or a notifiable national security action - a period (which may be less than 14 days) within which the information must be given or the documents produced; and

(aa)    

in any other case - a period (of at least 14 days) within which the information must be given or the documents produced; and

(b)    the manner of giving the information or producing documents.

The Treasurer may, in writing, extend (or further extend) the period mentioned in paragraph (a) or (aa) if the Treasurer is satisfied that it is reasonably necessary.

133(4)    
The information mentioned in paragraph (2)(a) must be given to the Treasurer:

(a)    in writing signed by that person; or

(b)    for a corporation - by a competent officer of the corporation.

Offence

133(5)    
A person commits an offence if:

(a)    the person is given a notice under this section; and

(b)    the person does not comply with the notice.

Note: For the liability of an officer of a corporation authorising or permitting contraventions, see section 102 .

Penalty: Imprisonment for 6 months or 250 penalty units, or both.

133(6)    
Subsection (5) does not apply if the person complies with the notice to the extent to which the person is capable of complying with it.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).

Self-incrimination

133(7)    
A person is not excused from giving information or producing a document under this section on the ground that doing so might tend to incriminate him or her.

133(8)    
However, in the case of an individual:

(a)    the answer or information given; or

(b)    any document produced; or

(c)    giving the information or answer, or producing the document or thing; or

(d)    any information, document or thing obtained as a direct or indirect consequence of giving the information or answer, or producing the document or thing;

is not admissible in evidence against him or her in any criminal proceedings or in proceedings for the recovery of a civil penalty, other than proceedings under this Act or section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) relating to this Act.