Commonwealth Consolidated Acts

FARM HOUSEHOLD SUPPORT ACT 1992 - SECT 54

             (1)  The Secretary may require a person to give information, or produce a document that is in the person's custody or under the person's control, to the Department if the Secretary considers that the information or document may be relevant to:

                     (a)  the question whether a person who has made a claim for farm household support, exceptional circumstances relief payment or farm help income support under this Act is or was qualified for the support or the payment, as the case requires; or

                     (b)  the question whether farm household support, exceptional circumstances relief payment or farm help income support under this Act is payable to a person who is receiving it; or

                     (c)  the question whether farm household support, exceptional circumstances relief payment or farm help income support under this Act was payable to a person who has received it; or

                     (d)  the maximum fortnightly rate or applicable rate, at any time, in relation to a person to whom farm household support is, or was, payable; or

                     (e)  the rate at which exceptional circumstances relief payment is, or was, payable; or

                      (f)  the rate at which farm help income support is, or was, payable; or

                     (g)  the question whether a person who has applied for a dairy exit payment is or was qualified for the payment; or

                     (h)  the question whether a dairy exit payment was payable to a person who has received it.

             (2)  A requirement under subsection (1) must be by notice in writing given to the person.

             (3)  The notice must specify:

                     (a)  how the person is to give the information or how the document is to be produced; and

                     (b)  the period within which the person is to give the information, or produce the document, to the Department; and

                     (c)  the officer (if any) to whom the information is to be given or the document is to be produced; and

                     (d)  that the notice is given under this section.

             (4)  The period specified under paragraph (3)(b) must end at least 14 days after the notice is given.

             (5)  The notice may require the person to give the information by appearing before a specified officer to answer questions.

             (6)  If the notice requires the person to appear before an officer, the notice must specify a time and a place for the person to appear, and the time must be at least 14 days after the notice is given.

             (7)  A person must not refuse or fail to comply with a notice under this section.

Penalty:  Imprisonment for 6 months.

Note 1:       Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.

Note 2:       If a body corporate is convicted of the offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a maximum fine of an amount that is 5 times the maximum fine that could be imposed on an individual convicted of the same offence.

          (7A)  Subsection (7) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (7A). See subsection 13.3(3) of the Criminal Code .

          (7B)  An offence under subsection (7) is an offence of strict liability.

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

             (9)  This section binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island, but nothing in this section renders the Crown liable to be prosecuted for an offence.

           (10)  This section does not require a person to give information or produce a document to the extent that in doing so the person would contravene a law of the Commonwealth (other than a law of a Territory).

           (11)  This section extends to:

                     (a)  acts, omissions, matters and things outside Australia, whether or not in a foreign country; and

                     (b)  all persons, irrespective of their nationality, who are making or who have made a claim under this Act; and

                     (c)  all persons, irrespective of their nationality, who are receiving, or have received, a payment under this Act.