Competition and Consumer Act 2010

A member of the Commission may, by written notice given to a person, require the person:

to give the Commission specified information in writing signed by:

the person; or

if the person is a body corporate—a competent officer of the body corporate; or

to produce to the Commission specified documents;

the information, or information contained in the documents, relates to prices or the setting of prices; and

the member reasonably believes that the information, or information contained in the documents, will or may be useful to the Commission in monitoring prices as mentioned in any of subsections 60G(1) to (9).

Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

Information or documents that may be required under subsection (1) may relate to prices, or the setting of prices:

before or after the carbon tax repeal; and

before or after the start of the carbon tax repeal transition period; and

in a situation, or during a period, specified in the notice.

Subsection (2) does not limit subsection (1).

A person commits an offence if:

the person is subject to a requirement under subsection (1); and

the person is capable of complying with the requirement; and

the person omits to do an act; and

the omission breaches the requirement.

An individual is excused from giving information or producing a document in accordance with a requirement under subsection (1) on the ground that the information or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

This section does not limit section 60FA (which is about carbon tax removal substantiation notices).

This section does not limit section 155 (which is about the general information‑gathering powers of the Commission).