39Information for the purposes of an investigation

39 Information for the purposes of an investigation

(1)  If the Commissioner has reason to believe that a person is capable of providing information or producing a document relevant to an investigation, the Commissioner may, by notice in writing provided to the person, require the person to do one or more of the following:

(a) provide that information to the Commissioner in writing signed by that person or, in the case of a body corporate, by an officer of the body corporate;

(b) produce that document to the Commissioner;

(c) attend before a person specified in the notice and provide information by answering questions relevant to the investigation.

(2)  A notice referred to in subsection (1) is to specify the period within which, or the day, time and place at which, the person is required to provide the information or document or attend to answer questions.

(3)  Nothing in this section authorises the Commissioner to require the provision of exempt information or that part of a document containing exempt information.

(4)  Where a document is produced in accordance with a requirement under this section, the Commissioner may take possession of, make copies of, or take extracts from, the document.

(5)  A person must not, without reasonable excuse, fail to comply with a requirement made of the person under subsection (1) .

Penalty:  Fine not exceeding 50 penalty units.