Power to obtain information, documents and evidence
70 Power to obtain information, documents and evidence
Section 155 of the Principal Act is amended:
by omitting from subsections (1) and (2) "Where the Commission, the Chairman or the Deputy Chairman" and substituting "Subject to subsection (2A), if the Commission, the Chairperson or the Deputy Chairperson";
by inserting after subsection (2):
"(2A) A member of the Commission may not give a notice under subsection (1) or an authorisation under subsection (2) merely because:
a person has refused or failed to comply with a notice under subsection 32(1) of the Prices Surveillance Act 1983 on the ground that complying with the notice would tend to incriminate the person, or to expose the person to a penalty; or
a person has refused or failed to answer a question that the person was required to answer by the member presiding at an inquiry under that Act, on the ground that the answer would tend to incriminate the person, or to expose the person to a penalty; or
a person has refused or failed to produce a document referred to in a summons under subsection 34(2) of that Act, on the ground that production of the document would tend to incriminate the person, or to expose the person to a penalty.";
by inserting after subsection (7):
"(7A) This section does not require a person:
to give information or evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet of a State or Territory; or
to produce or permit inspection of a document prepared for the purposes of a meeting of the Cabinet of a State or Territory; or
to give information or evidence, or to produce or permit inspection of a document, that would disclose the deliberations of the Cabinet of a State or Territory.".
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