Education and Care Services National Law (Queensland)
sec.216APower of Regulatory Authority to obtain information, documents and evidence from approved provider for the purposes of a related provider determination
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sec.216A Power of Regulatory Authority to obtain information, documents and evidence from approved provider for the purposes of a related provider determination
For the purposes of making a related provider determination in relation to an approved provider, the Regulatory Authority, by written notice, may require the approved provider— to provide to the Regulatory Authority, in writing signed by that provider or, if the provider is not an individual, by a competent officer of that provider, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or to produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or to appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice, to give any evidence or to produce any relevant document specified in the notice. The notice must— warn the approved provider that failure or refusal to comply with the notice may constitute an offence; and warn the provider about the effect of sections 217 , 218 and 219 . The Regulatory Authority or the person specified in the notice acting on the Regulatory Authority’s behalf may require the evidence referred to in subsection (1) (c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation. The approved provider may give evidence under subsection (1) (c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the provider to give that evidence in person. s 216A ins 2025 No. 53 (Vic) s 100 (sec.216A-ssec.1) For the purposes of making a related provider determination in relation to an approved provider, the Regulatory Authority, by written notice, may require the approved provider— to provide to the Regulatory Authority, in writing signed by that provider or, if the provider is not an individual, by a competent officer of that provider, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or to produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or to appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice, to give any evidence or to produce any relevant document specified in the notice. (sec.216A-ssec.2) The notice must— warn the approved provider that failure or refusal to comply with the notice may constitute an offence; and warn the provider about the effect of sections 217 , 218 and 219 . (sec.216A-ssec.3) The Regulatory Authority or the person specified in the notice acting on the Regulatory Authority’s behalf may require the evidence referred to in subsection (1) (c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation. (sec.216A-ssec.4) The approved provider may give evidence under subsection (1) (c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the provider to give that evidence in person.