Notice to produce documents or information
135AL Notice to produce documents or information
This section applies if the regulator is conducting an investigation to find out whether the retailer is complying with section 55DA(1), 55DB(1) or 55DBA(2).
The regulator may, by written notice to the retailer, require the retailer to give the regulator the following things the regulator believes, on reasonable grounds, are relevant to the investigation—
information within the retailer’s knowledge or possession;
documents in the retailer’s custody, possession or power.
The notice must state—
the information or documents required; and
a period in which the information or documents must be given of at least 7 days; and
a reasonable place at which the information or documents must be given.
The retailer must comply with the notice, unless it has a reasonable excuse.
Maximum penalty—500 penalty units.
The retailer is not required to comply with the notice if it claims, on the ground of self-incrimination, a privilege the retailer would be entitled to claim against giving the information or documents were the retailer a witness in a prosecution for an offence in the Supreme Court.
If the retailer claims that complying with the notice may tend to incriminate it, the regulator or the retailer may make an application to the Supreme Court to decide the validity of the claim.
This Act’s bill:Explanatory memorandum
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