70‑5 Commissioner may obtain information70‑5 Commissioner may obtain information and documents

#### 70‑5 Commissioner may obtain information and documents (1) This section applies to an entity if the Commissioner reasonably believes that the entity has information or a document that it is reasonably necessary to obtain for the purpose of determining: (a) whether a registered entity has complied, or is complying, with a provision subject to monitoring under Division 75 (see section 75‑5); or (b) whether information subject to monitoring under Division 75 (see section 75‑10) is correct. (2) The Commissioner may, by written notice given to the entity, require the entity: (a) to give to the Commissioner, within the period and in the manner and form specified in the notice, any such information; or (b) to attend and give evidence before the Commissioner, or an individual authorised by the Commissioner, for the purpose of obtaining such information; or (c) to produce to the Commissioner, within the period and in the manner specified in the notice, any such documents; or (d) to make copies of any such documents and to produce to the Commissioner, within the period and in the manner specified in the notice, those copies. (3) For the purposes of paragraph (2)(b), the Commissioner may require the evidence mentioned in that paragraph: (a) to be given on oath or affirmation; and (b) to be given orally or in writing. For that purpose, the Commissioner or an ACNC officer may administer an oath or affirmation. (4) An entity commits an offence if: (a) the entity is subject to a requirement under subsection (2); and (b) the entity fails to comply with the requirement. Penalty: 20 penalty units. (5) A period specified under subsection (2) must not be shorter than 14 days after the notice is given. (6) A notice under subsection (2) must set out the effect of the following provisions: (a) subsection (4); (b) sections 137.1 and 137.2 of the Criminal Code (which deal with false or misleading information or documents).