29Power to obtain documents and things

#### 29 Power to obtain documents and things 29 Power to obtain documents and things > > (1) An executive officer with special legal qualifications may, by notice in writing served on a person (a production notice), require the person— > > > > > (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 that officer a document or thing specified in the notice, being a document or thing that is relevant to an investigation. > > > (2) The production notice may provide that the requirement may be satisfied by some other person acting on behalf of the person on whom it was imposed and may, but need not, specify the person or class of persons who may so act. > > > (3) A requirement to produce a document that is in electronic form, or to make any such document available for inspection, includes a requirement to produce, or make available, a hard copy form of the document, including the generation of reports or the extraction of data. > > > (4) The Commission is to retain any document or thing produced in accordance with a production notice in safe custody for the purposes of the investigation. > > > (5) The Commission may examine and take extracts or copies from a deposited document. > > > (6) A document or thing produced in accordance with a production notice may be retained and dealt with as if it were a thing referred to in section 18. > > > (7) A production notice may be issued in relation to an investigation whether or not a hearing before the Commission is being held for the purposes of the investigation. > > > (8) A production notice may require the immediate production of a document or thing if the executive officer who issues the notice believes on reasonable grounds that delay in the production of the document or thing may result in— > > > > > (a) its destruction, removal or concealment, or > > > > > (b) serious prejudice to the conduct of an investigation. > > > (9) A person must not, without reasonable excuse, refuse or fail to comply with a production notice served on the person. > > > > Maximum penalty—20 penalty units or imprisonment for 6 months, or both. > > **s 29:** Am 2018 No 4, Sch 1.3 \[1\].