Family Assistance Legislation Amendment (Child Care Budget and Other Measures) Act 2008 (53 of 2008)

Schedule 4   Civil penalties and other compliance measures

Part 1   Amendments

A New Tax System (Family Assistance) (Administration) Act 1999

85   After section 220

Insert:

220A Minister requiring person to assist in criminal proceedings

(1) A person commits an offence if:

(a) the Minister requests, in writing, the person to give all reasonable assistance in connection with criminal proceedings for an offence against this Act; and

(b) the person fails to comply with the request.

Penalty: 10 penalty units.

Note: This section does not abrogate or affect the law relating to legal professional privilege, or any other immunity, privilege or restriction that applies to the disclosure of information, document or other things.

(2) A request under subsection (1) is not a legislative instrument.

(3) The Minister can request a person to assist under subsection (1) if, and only if:

(a) it appears to the Minister that the person is unlikely:

(i) to be a defendant in the proceedings; or

(ii) to have contravened a civil penalty provision constituted by the same, or substantially the same, conduct as the conduct to which the proceedings relates; and

(b) the Minister suspects or believes that the person can give information relevant to the proceedings.

(4) The Minister cannot request a person to assist under subsection (1) if the person is or has been a lawyer for a defendant or likely defendant in the proceedings.

(5) A court may order a person to comply with a request under subsection (1) in a specified way. Only the Minister may apply to the court for an order under this subsection.

(6) For the purposes of this section, it does not matter whether criminal proceedings for the offence have actually begun.

(7) In this section:

offence against this Act includes an offence against Chapter 7 of the Criminal Code that relates to this Act.