31Power to obtain information and documents

31 Power to obtain information and documents

Information and documents—Australia Post (1) If the ACCC reasonably believes that: (a) information or a document is relevant to a relevant dispute or an inquiry into a relevant dispute; and (b) Australia Post is capable of providing the information or producing the document; the ACCC may give written notice to Australia Post 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 Australia Post is given a notice, Australia Post must: (a) provide to the ACCC information that is specified in the notice; and (b) produce to the ACCC a document, or a copy of a document, that is specified in the notice; at the place and within the period, or on the date and at the time, specified in the notice. (3) If Australia Post fails to comply with the notice, the ACCC may draw an inference from the failure that is adverse to Australia Post. (4) Australia Post commits an offence if: (a) Australia Post is given a notice under subsection (1); and (b) Australia Post 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) Australia Post fails to comply with the notice.

Note 1: For corporate criminal responsibility, see Part 2.5 of the Criminal Code.

Note 2: For penalties, see section 4D of the Crimes Act 1914.

Note 3: For penalty units, see section 4AA of the Crimes Act 1914.

Penalty: 10 penalty units.

Information and documents—other party (5) If the ACCC reasonably believes that: (a) information or a document is relevant to a relevant dispute or an inquiry into a relevant dispute; and (b) a party to the inquiry other than Australia Post is capable of providing the information or producing the document; the ACCC may give the other party a written notice requesting the other 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.

Note 1: A person supplying confidential commercial information under this section may make a request under section 33.

Note 2: This section is in addition to more specific provisions in this Part under which a person may be requested or required to provide particular information or produce particular documents (for example, subsection 22(3) and section 24).

Note 3: See subsection 27(5) for the effect of delay in supplying information or a document on the time limit for an inquiry.