36FPower to require information

36F Power to require information (1) The special manager, by written notice, may require the Melbourne Casino Operator or an officer, employee or agent of the Operator to give the special manager any information the special manager requires to perform the special manager's functions. (2) A notice given to a natural person under subsection (1) must contain a statement— (a) of the person's right to claim that compliance with the notice might tend to incriminate the person; and (b) that, if the person does so claim, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than those specified in subsection (6)(a) or (b). (3) A person to whom a notice is given under subsection (1) must comply with the notice. Section 10.5.16 of the **Gambling Regulation Act 2003** creates an offence of giving information that is false or misleading in a material particular that applies to this section. (4) A person must comply with a notice despite any duty of confidentiality and, for that purpose, any provision of another enactment or any rule of law that imposes a duty of confidentiality in relation to the disclosure of information does not apply to the giving of information to the special manager. (5) A person is not excused from complying with a notice on the ground that compliance might tend to incriminate the person. (6) If a natural person, before complying with the notice, claims in writing to the special manager that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than— (a) proceedings under this Act; or (b) proceedings for an offence against section 10.5.16(1) of the **Gambling Regulation Act 2003** in relation to the giving of information under this section. (7) A person is not excused from complying with a notice on the ground that the information is the subject of legal professional privilege, but providing information in compliance with a notice does not constitute a waiver of any such privilege. (8) If a person does not comply with a notice, a court of competent jurisdiction, on the application of the special manager, may order the person to comply. S. 36G inserted by No. 54/2021 s. 18.