Foreign Acquisitions and Takeovers Act 1975

The Treasurer may give a notice under this section if the Treasurer has reason to believe that a person can give information or produce documents relating to:

matters that are relevant to the exercise by the Treasurer of the Treasurer’s powers under this Act; or

information that is contained in the Register, or may be added to the Register; or

circumstances in which a person is required to give a notice to the Registrar under Part 7A.

The Treasurer may, by notice in writing given to the person, require the person:

to give any such information to the Treasurer or any other specified person acting on the Treasurer’s behalf; or

to produce any such documents to the Treasurer or any other specified person acting on the Treasurer’s behalf.

The periods mentioned in section 77 (time limit on making orders and decisions) stop until the person gives the information or produces the documents (see subsection 77(7)).

The notice must specify:

in the case of an action in respect of which the Treasurer has given a notice under subsection 66A(4) or a notifiable national security action—a period (which may be less than 14 days) within which the information must be given or the documents produced; and

in any other case—a period (of at least 14 days) within which the information must be given or the documents produced; and

the manner of giving the information or producing documents.

The information mentioned in paragraph (2)(a) must be given to the Treasurer:

in writing signed by that person; or

for a corporation—by a competent officer of the corporation.

A person commits an offence if:

the person is given a notice under this section; and

the person does not comply with the notice.

For the liability of an officer of a corporation authorising or permitting contraventions, see section 102.

Subsection (5) does not apply if the person complies with the notice to the extent to which the person is capable of complying with it.

A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

A person is not excused from giving information or producing a document under this section on the ground that doing so might tend to incriminate him or her.

However, in the case of an individual:

the answer or information given; or

any document produced; or

giving the information or answer, or producing the document or thing; or

any information, document or thing obtained as a direct or indirect consequence of giving the information or answer, or producing the document or thing;