Power to require information
265 Power to require information
(1) The Director or the Commission may, by written notice, require a person to give the Director, the Commission or an inspector a document, information or thing if the Director or the Commission believes on reasonable grounds that:
(a) the person has or is capable of giving the document, information or thing; and
the document, information or thing:
is relevant to a possible contravention of this Act; or
(ii) will assist the Director or the Commission monitor or enforce compliance with this Act.
(2) The notice may also require the person to do one or more of the following within a reasonable period specified in the notice:
(a) to verify the document, information or thing by statutory declaration;
(b) to appear before a person appointed by the Director or the Commission and answer questions about the document, information or thing.
The notice must:
(a) state the belief on which the notice is being given under subsection (1); and
specify the document, information or thing to be given; and
(c) specify the time, place and manner of giving the document, information or thing; and
(d) warn the person that a failure to comply with the requirement is an offence; and
(e) inform the person about the effects of sections 297 and 298; and
(f) inform the person that, if required to attend before another person to give information, the person may attend with a legal practitioner.
Note for subsection (3)(e)
See section 297 in relation to client legal privilege and section 298 in relation to self‑incrimination.
(4) A person to whom the notice is given must comply with the requirements of the notice.
This Act’s bill:Explanatory statementSecond reading speech
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