139APowers of Commissioner to obtain
information
(1)
If the Commissioner has reasonable grounds to
believe that a person is capable of giving information, providing documents or
giving evidence in relation to a possible contravention of this Act, or that
will assist the Commissioner to monitor or enforce compliance with this Act,
the Commissioner may by written notice served on the person, require the
person to do one or more of the following—
(a)
to give the Commissioner, in writing signed by
the person (or in the case of a body corporate, by a competent officer of the
body corporate) and within the time and in the manner specified in the notice,
that information of which the person has knowledge,
(b)
to produce to the Commissioner, in accordance
with the notice, those documents,
(c)
to appear before a person appointed by the
Commissioner on a day, and at a time and place, specified in the notice (being
a day, time and place that are reasonable in the circumstances) and give
either orally or in writing that evidence and produce those
documents.
(2)
The notice must—
(a)
state that the requirement is made under this
section, and
(b)
contain a statement to the effect that a failure
to comply with a requirement is an offence, and
(c)
if the notice requires the person to provide
information or documents or answer questions—
(i)
contain a statement about the effect of section
124, and
(ii)
state that the person may attend with a legal
practitioner.
(3)
The Commissioner must not make a requirement
under subsection (1) (c) unless the Commissioner has taken all reasonable
steps to obtain the information, including steps under subsection (1) (a) and
(b), and has been unable to do so.
(4)
A person must not, without reasonable excuse,
refuse or fail to comply with a requirement made under this
section.
Maximum penalty—
(a)
in the case of an individual—$10,000,
or
(b)
in the case of a body
corporate—$50,000.
(5)
Subsection (4) places an evidential burden on the
defendant to show a reasonable excuse.
(6)
Section 124 applies to a requirement under this
section.
s 139A: Ins 2017 No
61, Sch 3 [10].