Part 4 · Autonomous Sanctions Act 2011

Contents

Part 4 · Information relating to sanctions

18CEO of Commonwealth entity may give information or document on request by CEO of designated Commonwealth entity#

(1)The CEO (the designated CEO) of a designated Commonwealth entity may request the CEO (the requested CEO) of a Commonwealth entity to give the designated CEO specified information or documents for a purpose directly related to the administration of a sanction law.

(2)The requested CEO may comply with the request, despite any other law of the Commonwealth, a State or a Territory.

19Power to require information or documents to be given#

(1)The CEO of a designated Commonwealth entity may, for the purpose of determining whether a sanction law has been or is being complied with, give a person a written notice requiring the person to do either or both of the following:

(a)to give the CEO information of the kind, by the time and in any manner or form, specified in the notice;

(b)to give the CEO documents of the kind, by the time and in any manner, specified in the notice.

(2)The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.

(3)The time specified in the notice must be reasonable.

(4)The person may, before the time specified in the notice, request the CEO to extend the time by which the information or documents must be given.

(5)The CEO may, by written notice given to the person, vary the notice under subsection (1) to specify a later time by which the information or documents must be given.

(6)Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (1).

Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.

(7)Subsection (1) does not apply if:

(a)the person is the Commonwealth or a Commonwealth entity; or

(b)the person:

(i)is, or has at any time been, an officer of a Commonwealth entity; and

(ii)obtained or generated the information or document in the course of carrying out his or her duties as an officer of the Commonwealth entity.

20Information may be required to be given on oath#

The CEO may require the information to be verified by, or given on, oath or affirmation that the information is true.

21Offence for failure to comply with requirement#

(1)A person commits an offence if:

(a)the person has been given a notice under section 19; and

(b)the person does not comply with the notice.

Penalty: Imprisonment for 12 months.

(2)Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1).

22Self-incrimination not an excuse#

(1)An individual is not excused from giving information or a document under section 19 on the ground that the information, or the giving of the document, might tend to incriminate the individual or otherwise expose the individual to a penalty or other liability.

(2)However, neither the information given nor the giving of the document is admissible in evidence against the individual in any criminal proceedings, or in any proceedings that would expose the individual to a penalty, other than proceedings for an offence against:

(a)section 17 (false or misleading information given in connection with a sanction law); or

(b)section 21 (failure to comply with requirement to give information or document).

23CEO may copy documents#

If a person gives a document to the CEO of a designated Commonwealth entity under section 19, the CEO:

(a)may take and keep a copy of the document; and

(b)must return the document to the person within a reasonable time.

24Further disclosure and use of information and documents#

Disclosure and use of information etc. within entity

(1)An officer of a designated Commonwealth entity may do any of the following for a purpose connected with the administration of a sanction law:

(a)copy, make a record of or use any information or document;

(b)disclose any information, or give any document, to another officer of that entity.

Disclosure outside of entity

(2)A CEO of a designated Commonwealth entity may disclose any information or give any document to any of the following for a purpose connected with the administration of a sanction law:

(a)a Minister of the Commonwealth, a State or a Territory;

(b)the CEO of another Commonwealth entity;

(c)a State or Territory entity;

(d)a foreign government entity;

(e)a public international organisation;

(f)a person or entity specified in an instrument under subsection (3).

(3)The Minister may by legislative instrument specify a person or entity for the purposes of paragraph (2)(f).

(4)A CEO of a designated Commonwealth entity may disclose information under subsection (2) only if the CEO is satisfied that the recipient of the disclosure will not disclose the information to anyone else without the CEO’s consent.

(5)Subsection (2) has effect subject to subsection (4).

Relationship with other laws

(6)Subsections (1) and (2) apply despite:

(a)a law of the Commonwealth other than this section; and

(b)a law of a State or a Territory.

25Protection from liability#

(1)A person who, in good faith, gives, discloses, copies, makes a record of or uses information or a document under section 18, 19, 23 or 24 is not liable:

(a)to any proceedings for contravening any other law because of that conduct; or

(b)to civil proceedings for loss, damage or injury of any kind suffered by another person or entity because of that conduct.

(2)Subsection (1) does not prevent the person from being liable to a proceeding for conduct of the person that is revealed by the information or document.

26Retention of records and documents#

(1)A person who applies for an authorisation (however described) under a sanction law must retain any records or documents relating to that application for the period of 5 years beginning on:

(a)if the authorisation was granted—the last day on which an action to which the authorisation relates was done; or

(b)if the authorisation was not granted—the day on which the application was made.

Example: An example of an authorisation is a licence, permission, consent or approval.

(2)A person who is granted an authorisation (however described) under a sanction law must retain any records or documents relating to the person’s compliance with any conditions to which the authorisation is subject for the period of 5 years beginning on the last day on which an action to which the authorisation relates was done.

Note: A person may commit an offence if the person fails to give under section 19 a record or document that is required to be retained under this section: see section 21.

27Delegation#

(1)The CEO of a Commonwealth entity may by written instrument delegate all or any of his or her powers or functions under this Part to:

(a)an SES employee or acting SES employee of the entity; or

(b)an employee of the entity of equivalent rank to an SES employee.

(2)In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.