104Power to require information and documents

104 Power to require information and documents

(1) If the Commissioner reasonably believes that a person has information or a document relevant to an investigation under section 101, or to any other of the Commissioner’s regulatory functions set out in section 45, the Commissioner may, by written notice given to the person, require the person to give the information, or produce the document, to the Commissioner within the period specified in the notice.

Note: There are limits on the information and documents that may be required (see section 106).

(2) If: (a) a person is given a notice under subsection (1); and (b) the notice relates to an investigation under section 101; the person must comply with the notice.

Civil penalty: 30 penalty units.

(3) A person commits an offence if: (a) the person is given a notice under subsection (1); and (b) the notice relates to an investigation under section 101; and (c) the person fails to comply with the notice.

Penalty: Imprisonment for 6 months.

(4) If the person produces a document to the Commissioner in compliance with the notice, the Commissioner: (a) may take possession of, and may make copies of, or take extracts from, the document; and (b) may retain possession of the document for any period necessary for the purposes of the investigation; and (c) must, during that period, permit any person who would be entitled to inspect the document if it were not in the Commissioner’s possession to inspect the document at any reasonable time.