Coal Mining Industry (Long Service Leave) Legislation Amendment Act 2011

This section applies if the Corporation believes on reasonable grounds that a person has information, or a document containing information, of any of the following kinds:

information relating to the employment of an eligible employee;

information relating to an employer of an eligible employee;

information that is reasonably necessary to enable the Corporation to perform its functions under section 7.

The Corporation may, by written notice, require the person to:

give the information to the Corporation by the time, and in the manner and form, specified in the notice; or

produce the document, or a certified copy of the document, to the Corporation by the time, and in the manner, specified in the notice.

The notice must set out the effect of:

subsections (6) and (7) of this section; and

sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information or documents); and

section 149.1 of the Criminal Code (about obstructing Commonwealth public officials).

The time specified under paragraph (2)(a) or (b) must be at least 28 days after the day the notice is given to the person.

If a person is given a notice under subsection (2), the person must comply with the notice.

A person commits an offence of strict liability if the person contravenes subsection (5). The physical elements of the offence are set out in that subsection.

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

Subsection (5) is a civil penalty provision.

Part 7A provides for pecuniary penalties for contraventions of civil penalty provisions.