Duty to give information
94 Duty to give information
For monitoring compliance with this part, the commissioner for fair trading may, by written notice given to an incorporated limited partnership, require the partnership to give the commissioner the information mentioned in the notice.
The information must be given within the period stated in the notice (that is at least 28 days after the day the notice is given to the incorporated limited partnership) or any additional period allowed by the commissioner.
Each general partner in the incorporated limited partnership commits an offence if subsection (2) is not complied with.
Maximum penalty: 50 penalty units.
It is a defence to a prosecution for an offence for failing to comply with subsection (3) if the general partner proves that—
the general partner did not know about the failure; and
reasonable precautions were taken and appropriate diligence was exercised to avoid the failure.
It is also a defence to a prosecution for an offence against subsection (3) if the defendant proves that it was not within the power of the incorporated limited partnership to give the information to the commissioner for fair trading.
Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
An offence against subsection (3) is a strict liability offence.
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