28Commission may require information from certain government agencies

#### 28 Commission may require information from certain government agencies 28 Commission may require information from certain government agencies > > (1) An executive officer may, by notice in writing served on the head of a government agency or a person who is a member of a government agency (a production notice), require the head or member to produce to the Commission, in writing signed by the head or member, information that— > > > > > (a) was acquired by the government agency in the ordinary course of exercising its functions, or was acquired by the person in that person’s capacity as such a member, and > > > > > (b) in the opinion of the executive officer is relevant to an investigation. > > > (2) The notice must specify or describe the information concerned and must fix a time and date, and manner, for compliance with the notice. > > > (3) An executive officer may, by notice in writing served on the head of a government agency (a production notice), require that head— > > > > > (a) to attend, at a time and place and before an officer of the Commission, specified in the notice, and > > > > > (b) to produce at that time and place to the officer a document or thing specified or described in the notice that relates to the exercise by the agency of its functions and that in the opinion of the executive officer is relevant to an investigation. > > > (4) Subject to the provisions of any enactment prescribed for the purposes of this subsection, but despite any other provision of a law of the State that prohibits the divulging or communicating of information or the production of a document or thing, a person must not— > > > > > (a) without reasonable excuse, fail to comply with a production notice served on the person under this section, or > > > > > (b) in purported compliance with a production notice served on the person under subsection (1), knowingly produce information that is false or misleading. > > > > Maximum penalty—20 penalty units or imprisonment for 6 months, or both. > > > (5) Subsection (4) does not apply in such circumstances as may be prescribed by the regulations.