Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 4 - COMPLAINTS, PROCEDURAL MATTERS RELATING TO COMPLAINTS AND COMPLAINTS THE TRIBUNAL CANNOT DEAL WITH  

SECTION 25   POWER TO OBTAIN INFORMATION AND DOCUMENTS  

25(1)   [Production of original documents]  

The Tribunal may, by written notice signed by the Tribunal Chairperson and given to a person who has produced copies of documents or summaries of documents under section 24 or 24AA , require the person at such place, and within such period or on such date and at such time, as are stated in the notice to produce to the Tribunal the original documents from which the copies or summaries referred to in section 24 or 24AA were made.

25(2)   [Additional documents and information]  

If the Tribunal has reason to believe that the person whose decision or conduct, or whose representative's conduct, was complained of is capable of giving information or producing additional documents relevant to a complaint made under this Act, the Tribunal may, by written notice to the person signed by the Tribunal Chairperson, require the person at such place, and within such period or on such date and at such time, as are stated in the notice:

(a) to give the Tribunal, by writing signed by the person, or, if the person is a constitutional corporation, by an officer of the constitutional corporation, any such information; or

(b) to produce to the Tribunal such documents or copies of such documents as are stated in the notice.

25(3)   [Persons other than trustee]  

If the Tribunal has reason to believe that a person (other than the person whose decision or conduct, or whose representative's conduct, was complained of) is capable of giving information or producing documents relevant to a complaint made under this Act, the Tribunal may, by written notice to the person signed by the Tribunal Chairperson, require the person, at such place, and within such period or on such date and at such time, as are stated in the notice:

(a) to give to the Tribunal, by writing signed by the person or, in the case of a body corporate, by an officer of the body corporate, any such information; or

(b) to produce to the Tribunal such documents or copies of such documents as are stated in the notice.

25(4)   [Inspection of documents]  

If documents (whether originals or copies) are so produced the Tribunal:

(a) may take possession of, and may make copies of, or take extracts from, the documents; and

(b) may keep the documents for as long as is necessary for the purpose of dealing with the complaint; and

(c) while it is keeping the documents the Tribunal must permit a person who would be entitled to inspect any one or more of them if they were not in the possession of the Tribunal to inspect at all reasonable times such of the documents as that person would be so entitled to inspect.

25(5)   [Penalty for refusal to comply]  

A person must not refuse to comply with a requirement made by the Tribunal under subsection (1), (2) or (3).

Penalty: 30 penalty units.

25(6)   [Penalty for failing to comply]  

A person must not fail to comply with a requirement made by the Tribunal under subsection (1), (2) or (3).

Penalty: 30 penalty units.

25(7)   [Strict liability offence]  

Subsection (6) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

25(8)   [Reasonable excuse]  

Subsections (5) and (6) do not apply to the extent that the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (8), see subsection 13.3(3) of the Criminal Code .