Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if the chief executive believes on reasonable grounds that a person (the relevant person ) may have contravened, or may be contravening, a provision of this Act.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
(2) The chief executive may, by written notice given to a person (including the relevant person), require the person to attend before the chief executive at a stated reasonable time and place to do either or both of the following:
(a) answer questions that the chief executive considers necessary to decide whether the relevant person has contravened or is contravening this Act;
(b) produce the documents stated in the notice.
Note 1 Section 123 sets out how evidence obtained under this section may be used, particularly in relation to privileges against selfincrimination and exposure to the imposition of a civil penalty.
Note 2 For how the notice may be served, see the Legislation Act, pt 19.5.
(3) The chief executive may require a person to produce a document under subsection (2) (b) only if the chief executive considers the production necessary to decide whether the relevant person has contravened or is contravening this Act.
(4) The notice must—
(a) state that the requirement is made under this section; and
(b) contain a statement to the effect that failure to comply with the notice is an offence; and
(c) if the notice requires the person to answer questions—
(i) contain a statement about the effect of section 123 (Privileges against selfincrimination and exposure to civil penalties); and
(ii) state that the person may attend with a lawyer.
(5) To remove any doubt, for this section, a person answers a question if the person explains why the person or an entity did or did not do something.