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Consumer Affairs and Fair Trading Act 1990
8Power of Commissioner to obtain information
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8 Power of Commissioner to obtain information
(1) The Commissioner may, for the purpose of, or in connection with,
the performance of any function conferred on the Commissioner by
or under this or any other Act, require any person to furnish the
Commissioner with such information as the Commissioner requires
or to answer any question put by the Commissioner.
(2) The Commissioner may under subsection (1) require that
information be given, or a question answered:
(a) orally, at a place and time specified by the Commissioner; or
Consumer Affairs and Fair Trading Act 1990 9
(b) in writing, within a period specified by the Commissioner;
and, in a case falling within paragraph (a), may further require that
the information or question be furnished or answered on oath.
(3) A person is not excused from furnishing any information or
answering any question pursuant to a requirement under
subsection (1) on the ground that the information or answer might
tend to incriminate the person, or to make the person liable to a
penalty, but information so furnished or an answer so given is not
admissible against the person in any criminal proceedings other
than proceedings for an offence against this Act.
(4) A person who:
(a) fails to furnish information, or to answer a question, pursuant
to a requirement under subsection (1); or
(b) pursuant to such a requirement, furnishes information or gives
an answer which is false or misleading in any material
is (subject, in a case falling within paragraph (a), to subsection (5))
(5) A person is not guilty of an offence by reason of a failure mentioned
in subsection (4)(a) unless, before the failure, the Commissioner
warned the person that it is an offence not to comply with a
requirement under subsection (1).
(6) Where a person is found guilty of an offence falling within
subsection (4)(a), the court may order that person to furnish the
information or answer the question which was the subject of the