Record‑keeping and giving of information
156 Record‑keeping and giving of information
The regulations may make provision for and in relation to requiring a person:
to keep and retain records, where the records are relevant to a quality of service matter; and
to give information to the ACCC that is relevant to a quality of service matter.
Quality of service matter is defined by subsection (7).
Limits on obligations
Regulations made for the purposes of this section must not impose an obligation on a person unless:
the person is an airport‑operator company; or
the person provides airport services or facilities under an agreement with an airport‑operator company; or
the person is an aircraft operator and uses airport services or facilities in connection with aircraft operations carried on by the person.
Statutory declarations
The regulations may provide that information given in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.
No self‑incrimination
An individual is not required to give information in accordance with a requirement covered by paragraph (1)(b) if the information might tend to incriminate the individual or expose the individual to a penalty.
Offence
A company commits an offence if:
the company is subject to a requirement under the regulations to keep and retain records and give information to the ACCC; and
the company engages in conduct; and
the company’s conduct contravenes the requirement.
Penalty: 50 penalty units.
Strict liability
Strict liability applies to paragraph (5)(a).
For strict liability, see section 6.1 of the Criminal Code.
Regulations may confer discretionary powers on the ACCC
Regulations made for the purposes of this section may make provision for or in relation to a matter by conferring a power on the ACCC. For example, the regulations could provide that the ACCC may, by written notice given to an airport‑operator company, require the company to give the ACCC, within the period and in the manner specified in the notice, specified information that is relevant to a quality of service matter.
In this Act:
quality of service matter means a matter that is relevant to monitoring or evaluating, under this Part, the quality of an aspect of airport services or facilities specified in regulations made for the purposes of subsection 155(1).
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