Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-1 - INFORMATION GATHERING AND MONITORING POWERS  

Division 75 - Monitoring  

Subdivision 75-C - Monitoring powers  

SECTION 75-40   ACNC OFFICER MAY ASK QUESTIONS AND SEEK PRODUCTION OF DOCUMENTS  
Application of this section

75-40(1)    
This section applies if an ACNC officer enters premises for the purposes of determining whether:

(a)    a provision subject to monitoring under this Division has been, or is being, complied with; or

(b)    information subject to monitoring under this Division is correct.

Entry with consent

75-40(2)    
If the entry is authorised because the occupier of the premises consented to the entry, the ACNC officer may ask the occupier to answer any questions, and produce any document, relating to:

(a)    the operation of the provision; or

(b)    the information.

Entry under a monitoring warrant

75-40(3)    
If the entry is authorised by a monitoring warrant, the ACNC officer may require any individual on the premises to answer any questions, and produce any document, relating to:

(a)    the operation of the provision; or

(b)    the information.

75-40(4)    
An individual is not excused from answering a question, or producing a document or a copy of a document, under subsection (3) on the ground that the answer or the production of the document or copy might tend to incriminate the individual or expose the individual to a penalty.

75-40(5)    
However:

(a)    the answer given, or the document or copy produced; or

(b)    giving the answer or producing the document or copy; or

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

is not admissible in evidence against the individual in criminal proceedings, or in proceedings for the recovery of a civil penalty, other than:

(d)    proceedings for an offence against subsection (6) ; or

(e)    proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (which deal with false or misleading information or documents) that relates to this Act; or

(f)    proceedings for an offence against section 149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act.

Offence

75-40(6)    
An individual commits an offence if:

(a)    the individual is subject to a requirement under subsection (3) ; and

(b)    the individual fails to comply with the requirement.

Penalty for contravention of this subsection: 20 penalty units.