sec.38Power to require certain information from council or corporatised business entity

sec.38 Power to require certain information from council or corporatised business entity

When investigating a competitive neutrality complaint, the competition authority may give an information requirement notice to— the council; or if a corporatised business entity is conducting the business activity—the corporatised business entity. An information requirement notice is a written notice that states the council or corporatised business entity is required to— give the competition authority stated information relevant to the complaint within a stated period; or produce a stated document relevant to the complaint to the competition authority at a stated time and place. The council or corporatised business entity must comply with the notice unless— the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or giving the stated information or document to the competition authority is prohibited under an Act; or giving the stated information or document to the competition authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law. The council or corporatised business entity is not liable for a breach of a contract, confidence or duty for giving the competition authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice. s 38 prev s 38 om 2015 Act No. 29 s 69 sch 2 pres s 38 ins 2021 Act No. 12 s 197 (sec.38-ssec.1) When investigating a competitive neutrality complaint, the competition authority may give an information requirement notice to— the council; or if a corporatised business entity is conducting the business activity—the corporatised business entity. (sec.38-ssec.2) An information requirement notice is a written notice that states the council or corporatised business entity is required to— give the competition authority stated information relevant to the complaint within a stated period; or produce a stated document relevant to the complaint to the competition authority at a stated time and place. (sec.38-ssec.3) The council or corporatised business entity must comply with the notice unless— the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or giving the stated information or document to the competition authority is prohibited under an Act; or giving the stated information or document to the competition authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law. (sec.38-ssec.4) The council or corporatised business entity is not liable for a breach of a contract, confidence or duty for giving the competition authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice.