44AAFAPower of AER to obtain information and documents

44AAFA Power of AER to obtain information and documents

Notice requiring information etc.

(1) This section applies if the AER has reason to believe that a person is capable of providing information, producing a document or giving evidence that the AER requires for the performance of the functions referred to in section 44AH (Commonwealth functions).

(2) The AER may, by written notice given to the person, require the person to do one or more of the following:

(a) give such information to the AER;

(b) produce any such documents to the AER;

(c) appear before:

(i) the AER; or

(ii) a specified member of the staff of the AER who is an SES employee or an acting SES employee; or

(iii) a specified person assisting the AER, referred to in section 44AACA, who is an SES employee or an acting SES employee;

to give any such evidence (either orally or in writing) and produce any such documents.

(3) The notice must specify:

(a) if paragraph (2)(a) or (b) applies:

(i) the period within which the person must comply with the notice; and

(ii) the manner in which the person must comply with the notice; or

(b) if paragraph (2)(c) applies:

(i) the time at which the person must appear before the AER or person; and

(ii) the place at which the person must appear before the AER or person.

Oath or affirmation

(4) The AER may require the evidence given under paragraph (2)(c) to be given on oath or affirmation. For that purpose, an AER member or a person assisting the AER may administer the oath or affirmation.