212EPowers relating to reviews

212E Powers relating to reviews

(1) The Commission may serve upon any person—

(a) a notice requiring that person to provide evidence in writing;

(b) a notice to produce specified documents;

(c) a summons to appear before the Commission to provide evidence.

(2) The Commission may make an order for the manner of service, including substituted service, of a notice or summons under subsection (1).

(3) A person must not, without lawful excuse, fail to comply with a notice or summons of the Commission.

(4) It is a lawful excuse for the purposes of subsection (3) that compliance may tend to incriminate the person or make the person liable to a penalty or forfeiture.

(5) A person must not give information to the Commission that he or she knows is false or misleading.

Penalty: 120 penalty units or imprisonment for 6 months.

S. 212E(6) amended by No. 11/2026 s. 155(a).

(6) A person must not—

(a) threaten, intimidate or coerce another person; or

(b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage—

because that other person assisted, or intends to assist, a review conducted by the Commission under section 212B.

Penalty: 120 penalty units.

S. 212E(7) amended by No. 11/2026 s. 155(b).

(7) Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of the making in good faith of a statement, or the giving in good faith of a document or information, to the Commission in connection with a review under section 212B, whether or not the statement is made, or the document or information is given, in connection with a written submission or a public hearing.

S. 212F inserted by No. 40/2011 s. 18.