133Digital ID Regulator’s power to require information or documents

133 Digital ID Regulator’s power to require information or documents

(1) This section applies if the Digital ID Regulator reasonably believes that an entity has or may have information or documents relevant to: (a) whether an entity is complying, or has complied, with the entity’s obligations under this Act; or (b) the performance of the Digital ID Regulator’s functions, or the exercise of any of the Digital ID Regulator’s powers, under this Act. (2) The Digital ID Regulator may, by written notice, require the entity: (a) to give to the Digital ID Regulator, within the period and in the manner and form specified in the notice, any such information; or (b) to produce to the Digital ID Regulator, within the period and in the manner specified in the notice, any such documents. (3) A period specified in a notice under subsection (2) must not be less than 28 days after the notice is given. (4) A notice under subsection (2) must contain a statement to the effect that an entity may be liable to a civil penalty if the entity fails to comply with the notice. (5) An entity must comply with a requirement under subsection (2) within the period and in the manner specified in the notice.

Civil penalty: 1,000 penalty units.

(6) Subsection (5) does not apply if the entity has a reasonable excuse.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter mentioned in this subsection (see section 96 of the Regulatory Powers Act).