Power to compel provision of information and production of documents
36 Power to compel provision of information and production of documents
If the Commission reasonably believes that—
a person is in possession of information or a document that is relevant to an investigation; and
the information or document is necessary for the conduct of the investigation—
the Commission may by written notice require the person to provide the information or document or both.
A notice referred to in subsection (1) must specify that the person must do either or both of the following within a reasonable period specified in the notice, or on a reasonable date and at a reasonable time specified in the notice—
give the Commission a document containing information required by the notice;
produce to the Commission the documents specified in the notice.
A document referred to in subsection (2)(a) must be signed by the person or, in the case of a notice served on a body corporate, an officer of the body corporate.
If a document is produced to the Commission in accordance with a notice under this section, the Commission may—
take possession of the document; and
make copies of the document or take extracts from the document; and
retain possession of the document for as long as is necessary for the purposes of the investigation to which the document relates.
The Commission must allow a document retained under this section to be inspected, at all reasonable times, by any person who would be entitled to inspect the document if it were not in the possession of the Commission.
This Act’s bill:Explanatory memorandumSecond reading speech
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