New South Wales Repealed Acts

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This legislation has been repealed.

RESIDENTIAL TENANCIES AND HOUSING LEGISLATION AMENDMENT (PUBLIC HOUSING--ANTISOCIAL BEHAVIOUR) ACT 2015 - SCHEDULE 2

SCHEDULE 2 – Amendment of Housing Act 2001 No 52

[1] Section 69C

Insert after section 69B:

69C Power to obtain information, documents and evidence to prevent or investigate fraud
(1) For the purposes of preventing or investigating fraud against the Corporation, the Corporation may, by written notice, require a person to provide information, produce documents or appear before a person to give evidence and produce documents, as specified in the notice.
(2) The Corporation is not to make any such requirement if it appears to the Corporation that:
(a) the person concerned does not consent to compliance with the requirement, and
(b) the person would not, in court proceedings, be required to comply with a similar requirement on the grounds of public interest, privilege against self-incrimination or legal professional privilege.
(3) A person who, without reasonable excuse, fails to comply with the terms of a notice given to the person under this section is guilty of an offence.
Maximum penalty: 20 penalty units.

[2] Section 74 Proceedings for offences

Insert after section 74 (2):

(3) Proceedings for an offence against section 69 or 69A must be commenced not later than 12 months after evidence of the alleged offence first came to the attention of a member of the staff of the Corporation.
(4) If proceedings for an offence against section 69 or 69A are commenced later than 12 months after the offence was alleged to have been committed, the court attendance notice or application must contain particulars of the date on which evidence of the offence first came to the attention of a member of the staff of the Corporation.
(5) In proceedings for an offence against section 69 or 69A, the court attendance notice or application is proof, in the absence of proof to the contrary, of the date on which evidence of the offence first came to the attention of a member of the staff of the Corporation.



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