Power to obtain information etc
41 Power to obtain information etc
The Minister, the Secretary or an SES employee or acting SES employee in the Department, may give a disclosure notice to a person (the supplier) who, in trade or commerce, supplies road vehicles or approved road vehicle components of a particular kind if the person giving the notice reasonably believes:
that:
vehicles or components of that kind will or may cause injury to any person; or
a reasonably foreseeable use (including a misuse) of vehicles or components of that kind will or may cause injury to any person; or
vehicles or components of that kind do not, or it is likely that they do not, comply with the applicable national road vehicle standards; and
that the supplier is capable of giving information, producing documents or giving evidence in relation to those vehicles or components.
A disclosure notice is a written notice requiring the supplier:
to give, in writing signed by the supplier, any such information to the person specified in the notice:
in the manner specified in the notice; and
within such reasonable time as is specified in the notice; or
to produce, in accordance with such reasonable requirements as are specified in the notice, any such documents to the person specified in the notice; or
to appear before the person specified in the notice at such reasonable time, and at such place, as is specified in the notice:
to give any such evidence, on oath or affirmation; and
to produce any such documents.
The person specified in the notice may be:
the Minister; or
the Secretary; or
an SES employee, or acting SES employee, in the Department (whether or not that SES employee, or acting SES employee, gave the notice).
Holder of a type approval taken to be a supplier
For the purposes of this section, a person is taken to supply, in trade or commerce, road vehicles or approved road vehicle components of a particular kind, if:
the person is the holder of a road vehicle type approval under which a vehicle is entered on the RAV; or
the person is the holder of a road vehicle component type approval.
This Act’s bill:Explanatory memorandumSecond reading speech
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