Gathering and using information Part 4
Secretary’s power to obtain information or documents Division 2
Section 38
Note 1:
This subsection is not subject to the privilege against
self-incrimination, but there are limits on the uses to which the
information, document or copy may be put (see section 40).
Note 2:
If the entity is not a legal person, see Division 2 of Part 7.
Civil penalty:
150 penalty units.
Matters to be set out in notice
(5) The notice must set out the effect of the following provisions:
(a) subsection (4);
(b) Part 5 (enforcement);
(c) sections 137.1 and 137.2 of the Criminal Code (false or
misleading information or documents).
Compensation for producing copies of documents
(6) An entity is entitled to be paid by the Commonwealth reasonable
compensation for complying with a requirement covered by
paragraph (2)(c).
38 Copies of documents
(1) The Secretary may inspect a document or copy produced under
section 37 and may make and retain copies of such a document.
(2) The Secretary may retain possession of a copy of a document
produced in accordance with a requirement covered by
paragraph 37(2)(c).
39 Retention of documents
(1) The Secretary may take, and retain for as long as is necessary,
possession of a document produced under section 37.
(2) The entity otherwise entitled to possession of the document is
entitled to be supplied, as soon as practicable, with a copy certified
by the Secretary 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.
No. 29, 2018
Security of Critical Infrastructure Act 2018
Authorised Version C2018A00029
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