Supplying information and documents
17 Supplying information and documents
The President may, by written notice given to a complainant or an entity against whom a complaint is made, require the complainant or entity to provide the following materials (relevant material)—
information, orally or in writing,
documents.
The notice must specify the date, not less than 28 days after the date of the notice, by which the relevant material must be provided.
A complainant or entity of whom a requirement is made under subsection (1) must—
provide to the President any of the relevant material that is in the complainant’s or entity’s possession, custody or control within the period specified in the notice, unless the complainant or entity has a reasonable excuse for not doing so, and
if the complainant or entity has a reasonable excuse for not providing the relevant material, or any part of the relevant material—give notice to the President of the excuse and the relevant material to which the excuse relates within the period specified in the notice.
Maximum penalty—
for an individual—10 penalty units, or
otherwise—50 penalty units.
The President may, by written notice given to an entity other than an entity referred to in subsection (1), require the entity to supply the relevant material within—
28 days after the date of the notice, or
another period specified in the notice.
An entity that receives a notice under subsection (4) must—
provide to the President any of the relevant material specified in the notice that is in the entity’s possession, custody or control within the period specified in the notice, unless the entity has a reasonable excuse, and
if the entity has a reasonable excuse for not providing the relevant material, or a part of the relevant material—give notice to the President of the excuse and the relevant material to which the excuse relates within the period specified in the notice.
Maximum penalty—
for an individual—10 penalty units, or
otherwise—50 penalty units.
If relevant material is not provided or supplied as required by a notice under this section, the President may, with the complainant’s consent, refer the complaint to the Tribunal.
This Act’s bill:Explanatory memorandumSecond reading speech
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