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s 70C

Commission may require information

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Part 4BAdditional powers of Commission etc

70C Commission may require information

(1)

The Commission may, by notice in writing, require a prescribed person or body to provide to them such information, or such documents, as may be specified in the notice (being information or documents in the possession of the prescribed person or body that the Commission reasonably requires for the performance of functions under this Act).

(2)

A prescribed person or body must give the specified information or documents to the Commission within the period specified in the notice.

(3)

A prescribed person or body that refuses or fails to comply with a notice under subsection (1) is guilty of an offence. Maximum penalty: Maximum penalty: $10 000.

(4)

If a prescribed person or body that is a public sector agency refuses or fails to comply with a notice under subsection (1), the Commission may, after consultation with the public sector agency—

(a)

report the refusal or failure to the Minister and to the Minister responsible for the public sector agency (if any); and

(b)

include details of the refusal or failure in the annual report of the Commission.

(5)

The Minister may, by notice in writing, exempt a specified person or body, or persons or bodies of a specified class, from the operation of this section.

(6)

An exemption—

(a)

may be conditional or unconditional; and

(b)

may be varied or revoked by the Minister by further notice in writing.

(7)

In this section—

prescribed person or body means—

(a)

a public sector agency (within the meaning of the

Public Sector

Act 2009); or

(b)

a registered employer, or an applicant for such registration;

or

(c)

a nominated training organisation; or

(d)

any other person or body prescribed by the regulations.

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