19Power to obtain information and documents

19 Power to obtain information and documents

(1) If the ACCC reasonably believes that a party is capable of providing information or producing a document that is relevant to a dispute or to an inquiry: (a) the Chairperson of the ACCC; or (b) a member of the ACCC who: (i) is nominated in writing by the Chairperson for the purposes of this regulation; or (ii) presides over the inquiry; may give written notice to the party to provide the information or produce the document at a place and within a period, or on a date and at a time, specified in the notice. (2) If a party is given a notice, the party must: (a) provide to the ACCC information referred to in subregulation (1) that is specified in the notice; and (b) produce to the ACCC a document, or a copy of a document, referred to in that subregulation that is described in the notice; at the place and within the period, or on the date and at the time, specified in the notice. (3) If a party fails to comply with a notice, the ACCC may draw an inference from the failure that is adverse to the party. (4) This regulation is not to be taken as limiting the powers of the ACCC under subregulation 17 (2). (5) A party commits an offence if: (a) a notice is given to the party under subregulation (1); and (b) the party is capable of providing the information or producing the document specified in the notice at the place and within the period, or on the date and at the time, specified in the notice; and (c) the party fails to comply with the notice.

Penalty: 10 penalty units.

Note 1: A person supplying confidential commercial information under this regulation may make a request under regulation 21.

Note 2: This regulation is in addition to more specific provisions in this Part under which a person may be required to supply particular information or documents (for example, subregulation 9 (2) and regulation 11).

Note 3: See subregulation 14 (5) for the effect of delay in supplying information or a document on the time limit for an inquiry.

Note 4: Giving false or misleading information, or producing a document that is false or misleading, in response to a notice under subregulation (1) may be an offence under section 137.1 or 137.2 of the Criminal Code.

Note 5: For corporate criminal responsibility, see Part 2.5 of the Criminal Code.

Note 6: For penalties, see section 4D of the Crimes Act 1914.

Note 7: For penalty units, see section 4AA of the Crimes Act 1914.