ACTS INTERPRETATION ACT 1901

PART 7 - POWERS, FUNCTIONS AND DUTIES  

SECTION 34C   PERIODIC REPORTS  

34C(1)  
In this section:

periodic report
means a regular report relating to:


(a) the activities, operations, business or affairs of a person; or


(b) the administration, operation or working of an Act or part of an Act, during a particular period that ends on or after 30 June 1983.

person
includes a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described.

34C(2)  
Where an Act requires a person to furnish a periodic report to a Minister but does not specify a period within which the report is to be so furnished, that person shall furnish the report to the Minister as soon as practicable after the end of the particular period to which the report relates and, in any event, within 6 months after the end of that particular period.

34C(3)  


Where an Act requires a person to furnish a periodic report to a Minister for presentation to the Parliament but does not specify a period within which the report is to be so presented, that Minister shall cause a copy of the periodic report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

34C(4)  


Where this or any other Act requires a person to furnish a periodic report to a Minister within a specified period and that person is of the opinion that it will not be reasonably possible to comply with the requirement, that person may, within the specified period, apply to the Minister for an extension of the period, and, where he or she does so apply, he or she shall furnish to the Minister a statement in writing explaining why, in that person's opinion, it will not be reasonably possible to comply with the requirement.

34C(5)  


A Minister may, on application under subsection (4), grant such extension as he or she considers reasonable in the circumstances.

34C(6)  
Notwithstanding subsection (2) and the provisions of any other Act, where a Minister grants an extension pursuant to an application under subsection (4):


(a) the Minister shall cause to be laid before each House of the Parliament, within 3 sitting days of that House after the day on which he or she grants the extension, a copy of the statement furnished pursuant to subsection (4) in respect of the application together with a statement specifying the extension granted and his or her reasons for granting the extension;


(b) the person who made the application shall furnish the periodic report to the Minister within the period as so extended; and


(c) the Minister shall cause a copy of the periodic report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

34C(7)  
Where this or any other Act requires a person to furnish a periodic report to a Minister within a specified period or an extension of that period under this section and that person fails to do so:


(a) that person shall, not later than 14 days after the end of that specified period or extension, as the case may be, furnish to the Minister a statement in writing explaining why the report was not furnished as required; and


(b) the Minister shall cause a copy of the statement to be laid before each House of the Parliament within 3 sitting days of that House after the day on which he or she receives the statement.

34C(7A)  


This section applies to the Australian Security Intelligence Organisation, the Australian Signals Directorate and the Office of National Intelligence in the following way:


(a) subsection (3) does not apply;


(b) if an extension is granted under subsection (5), then for the purpose of subsection (6), paragraph (6)(c) is to be disregarded.

34C(8)  


This section does not apply in relation to the Australian Secret Intelligence Service.



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