Fair Trading Act 2010

For the purposes of carrying out any investigation or inquiry in the course of carrying out the Commissioner’s functions under this Act or any other Act, an authorised person may —

require any person —

to give whatever information the authorised person requires in relation to any matter the subject of an investigation or inquiry; and

to answer any question put to the person in relation to any matter the subject of an investigation or inquiry;

require any person to produce any document or thing relating to an investigation or inquiry; and

enter at all reasonable times and search any premises or motor vehicle named in a warrant obtained in accordance with this Division and exercise the powers set out in the warrant; and

make a copy or abstract of any document produced or inspected under this section, or of any entry made in the document.

A requirement made under subsection (1)(a) —

may be made orally or by notice in writing served on the person required to give information or answer a question, as the case requires; and

must specify the time at or within which the information is to be given or the question is to be answered, as the case requires; and

may, by its terms, require that the information or answer required —

be given orally or in writing; and

be given at or sent or delivered to any place specified in the requirement; and

in the case of written information or answers, be sent or delivered by any means specified in the requirement; and

be given on oath or affirmation or by statutory declaration.

An authorised person may administer an oath or affirmation or witness a statutory declaration for the purposes of subsection (2)(c)(iv).

A requirement made under subsection (1)(b) —

must be made by notice in writing served on the person required to produce a document or thing, unless the circumstances require the authorised person to have immediate access to the document or thing, in which case the requirement may be given orally; and

must specify the time at or within which the document or thing is to be produced; and

may, by its terms, require that the document or thing required be produced —

at any place specified in the requirement; and

by any means specified in the requirement.

Where, under subsection (1)(a) or (b), an authorised person orally requires a person to give any information, answer any question or produce any document or thing, the authorised person must inform the other person that the other person is required, under this Act or another Act, to give the information, answer the question or produce the document or thing, as the case requires.

Where, under subsection (1)(a) or (b), a person is required by notice in writing to give any information, answer any question or produce any document or thing, the notice must state that the person is required, under this Act or another Act, to give the information, answer the question or produce the document or thing, as the case requires.