156Power to require provision of documents and information

156 Power to require provision of documents and information

(1)  If the Commission has reason to believe that a person is in possession of information, or a relevant document or thing, that may be relevant to the enforcement of this Act, the Commission may, by notice in writing to the person, require the person to do any one or more of the following:

(a) to provide such information as the Commission reasonably requires for the purposes of the enforcement of this Act;

(b) to produce to the Commission, at the place and time specified in the notice, any relevant document or thing that the Commission reasonably requires for the purposes of the enforcement of this Act;

(c) to answer questions about any matters in respect of which information is reasonably required for the purposes of the enforcement of this Act;

(d) to attend at a specified place and time to answer questions under this section if attendance at that place is reasonably required in order that the questions can be properly put and answered;

(e) to make a statement providing an explanation of any relevant document, if the person was a party to the compilation of the relevant document.

(2)  The Commission may authorise an inspector to exercise a function of the Commission under this section.

(3)  The place and time at which a person may be required by a notice under subsection (1) to produce a relevant document or thing, or to attend and answer questions, is to be a place and time, specified in the notice, that is reasonable in the circumstances.

(4)  A notice under subsection (1) that requires a person to produce a relevant document or thing may only require a person to produce existing documents or things that are in the person’s possession or that are within the person’s power to obtain lawfully.

(5)  A notice may be given under subsection (1) to a person in respect of a matter even though the person is (or the relevant document, thing or information is held) outside the State or the matter occurred or is located outside the State, if the matter affects a matter to which this Act relates.

(6)  A person is not obliged to provide any information, produce a relevant document or thing, answer a question or make a statement under this section unless that person has first been informed by the Commission, or an inspector, that he or she is required to do so.