Australian Capital Territory Numbered Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS (NO. 77 OF 1994) - SECT 29

29. (1) For the purposes of the review of a private provider under subsection 27 (1), the Chief Executive may—

(a)     by notice in writing given to the provider, require the provider, within 14 days after the day on which the notice is given and at a place specified in the notice—

              (i)     to furnish in writing such information as is necessary and reasonable to allow the Chief Executive to conduct the review and is specified in the notice; or

              (ii)     to produce such documents or other records as are necessary and reasonable to allow the Chief Executive to conduct the review and as are specified in the notice; or

(b)     where the Chief Executive believes on reasonable grounds that an officer or employee of the provider is capable of providing information or producing documents or records that are necessary and reasonable to allow the Chief Executive to conduct the review—by notice in writing given to the officer or employee, require him or her within 14 days after the day on which the notice is given and at a place specified in the notice—

              (i)     to furnish in writing such information as is necessary and reasonable to allow the Chief Executive to conduct the review and as is specified in the notice; or

              (ii)     to produce such documents or other records as are necessary and reasonable to allow the Chief Executive to conduct the review and as are specified in the notice.

(2) Where documents or other records are produced to the Chief Executive in accordance with subsection (1), the Chief Executive—

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

(b)     shall not retain possession of the documents or other records for more than 90 days unless—

              (i)     it is necessary and reasonable to do so in order to complete the review to which the documents or records relate; or

              (ii)     a prosecution for an offence against this Act has been instituted within that period.

(3) A person served with a notice under paragraph (1) (a) or (b) shall not, without reasonable excuse, fail to comply with the notice.

Penalty: $1,000.

(4) A person shall not, in purported compliance with a notice under paragraph (1) (a) or (b), intentionally or recklessly—

(a)     make a statement that is false or misleading in a material particular; or

(b)     give the Chief Executive a document or record containing information that is false or misleading in a material particular without—

              (i)     indicating to the Chief Executive that the document or record is false or misleading and the respect in which it is false or misleading; and

              (ii)     providing correct information to the Chief Executive if the person has, or can reasonably obtain, the correct information.

Penalty: $5,000 or imprisonment for 6 months, or both.

(5) A person is not excused from providing any information or from producing a document or other record when requested to do so under subsection (1) on the ground that providing the information or producing the document or record might tend to incriminate the person, but the information or the production of the document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against this Act.