Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010 (38 of 2010)
Schedule 3 Social Security Appeals Tribunal
Part 1 Main amendments
A New Tax System (Family Assistance) (Administration) Act 1999
1 After section 128
Insert:
128A Power to obtain information or documents
(1) This section applies to a person if the Principal Member believes on reasonable grounds that the person has information or a document that is relevant to a review.
(2) The Principal Member may, by written notice given to the person, require the person:
(a) to give to the SSAT, within the period and in the manner specified in the notice, any such information; or
(b) to produce to the SSAT, within the period and in the manner specified in the notice, any such documents.
(3) The period specified in a notice given under subsection (2) must be at least 14 days after the notice is given.
Offence
(4) A person commits an offence if:
(a) the person is given a notice under subsection (2); and
(b) the person fails to comply with the notice.
Penalty: Imprisonment for 6 months.
Notice to set out the effect of offence provisions
(5) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) section 137.1 of the Criminal Code (about giving false or misleading information);
(c) section 137.2 of the Criminal Code (about producing false or misleading documents).
128B Inspecting and copying documents
The following may inspect a document produced under section 128A and may make and retain copies of the whole or a part of the document:
(a) a member who constitutes, or who is one of the members who constitute, the SSAT for the purposes of the review;
(b) a member of the staff of the SSAT.
128C Retention of documents
(1) The following may take possession of a document produced under section 128A, and retain it for as long as is reasonably necessary:
(a) a member who constitutes, or who is one of the members who constitute, the SSAT for the purposes of the review;
(b) a member of the staff of the SSAT.
(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Principal Member to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, the Principal Member must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of the whole or a part of the document.