Consumer Affairs and Fair Trading Act 1990

(1) The Commissioner may, for the purpose of, or in connection with, the performance of any function conferred on the Commissioner by or under this or any other Act, require any person to furnish the Commissioner with such information as the Commissioner requires or to answer any question put by the Commissioner.

(2) The Commissioner may under subsection (1) require that information be given, or a question answered:

and, in a case falling within paragraph (a), may further require that the information or question be furnished or answered on oath.

(3) A person is not excused from furnishing any information or answering any question pursuant to a requirement under subsection (1) on the ground that the information or answer might tend to incriminate the person, or to make the person liable to a penalty, but information so furnished or an answer so given is not admissible against the person in any criminal proceedings other than proceedings for an offence against this Act.

(a) fails to furnish information, or to answer a question, pursuant to a requirement under subsection (1); or

(b) pursuant to such a requirement, furnishes information or gives an answer which is false or misleading in any material particular;

is (subject, in a case falling within paragraph (a), to subsection (5)) guilty of an offence.

Maximum penalty: If the offender is a natural person –400 penalty units or imprisonment for 2 years.

If the offender is a body corporate –2 000 penalty units.

(5) A person is not guilty of an offence by reason of a failure mentioned in subsection (4)(a) unless, before the failure, the Commissioner warned the person that it is an offence not to comply with a requirement under subsection (1).

(6) Where a person is found guilty of an offence falling within subsection (4)(a), the court may order that person to furnish the information or answer the question which was the subject of the offence.