Fair Work (Registered Organisations) Act 2009

This section applies if the General Manager believes on reasonable grounds that a person:

has information or a document that is relevant to an investigation; or

is capable of giving evidence which the General Manager has reason to believe is relevant to an investigation.

For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:

to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;

to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;

to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;

to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.

Failure to comply with a requirement made under this subsection is an offence (see section 337).

A notice requiring a person to attend must:

state the general nature of the matters to which the investigation relates; and

state that the person may be accompanied by another person who may, but does not have to, be a lawyer; and

set out the effect of section 337AD (self‑incrimination); and

state whether or not the person will be required to answer questions on oath or affirmation; and

if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).

For questioning on oath or affirmation, see Division 3.