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.