Independent Competition and Regulatory Commission Act 1997

If the commission has reason to believe that a person has information or a document that may assist it in exercising its functions, it may, by written notice, require the person to give it the information or a copy of the document.

A requirement must—

identify the information or document; and

specify the period within which the requirement is to be complied with; and

specify the form in which the information or the copy of the document is to be given to the commission; and

state that it is made under this section; and

be accompanied by a copy of this part.

The commission may also require a NERL retailer required to comply with the Utilities Act 2000—

to conduct an audit, in a way approved by the commission, of the NERL retailer’s compliance with that Act; and

to report the results of the audit to the commission.

Note A reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)).

A person must not, without reasonable excuse, fail to comply with a requirement under this section.

Maximum penalty (subsection (4)): 100 penalty units, imprisonment for 1 year or both.

Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.