160Direction to require production of information, documents and related items

160 Direction to require production of information, documents and related items

(1) The regulator or an authorised officer may, for compliance and investigative purposes, direct a person specified in subsection (2) to provide—

(a) information or a document that is required to be kept under an industry law; or

(b) information or a document or device or other thing in the person's possession or control relating to—

(i) commercial passenger vehicle operations; or

(ii) the provision of booking services; or

(iii) the provision of a non-cash payment processing service; or

(iv) a non-cash payment surcharge.

(2) The direction may be given to—

(a) a booking service provider; or

(b) an accredited driver; or

(c) the owner of a commercial passenger vehicle; or

(d) the person in whose name a motor vehicle is registered under Part 3; or

(e) a person who the regulator or authorised officer believes on reasonable grounds may be able to provide information, a document, device (including a non-cash payment processing device) or other thing to the regulator or officer.

(3) A person who is given a direction under subsection (1) must comply with the direction unless the person has a reasonable excuse.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(4) The regulator or authorised officer may—

(a) inspect any document, device or other thing that is produced; or

(b) copy or print any document that is produced; or

(c) copy any device or other thing that is produced; or

(d) seize and remove any document, device or other thing that is produced that the regulator or officer believes on reasonable grounds provides, or may on further inspection provide, evidence of a contravention of an industry law.

S. 161 inserted by No. 63/2017 s. 18.