sec.122CPower of regulator to obtain information

### sec.122C Power of regulator to obtain information This section applies if the regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Act or that will help the regulator to monitor or enforce compliance with this Act. Also, this section applies if the regulator— is deciding whether to issue an electrical licence; and reasonably believes a relevant person has information or a document the regulator reasonably requires to decide whether the applicant satisfies the eligibility requirements for the issue of the electrical licence. The regulator may, by written notice served on the person, require the person to do one or more of the following— to give the regulator, in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the way stated in the notice, that information of which the person has knowledge; to produce to the regulator, in accordance with the notice, those documents; to appear before a person appointed by the regulator on a day, and at a time and place, stated in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents. The notice must— state that the requirement is made under this section; and contain a statement to the effect that a failure to comply with a requirement is an offence; and if the notice requires the person to provide information or documents or answer questions— contain a statement about the effect of sections 141A and 192A ; and state that the person may attend with a legal practitioner. The regulator must not make a requirement under subsection (3) (c) unless the regulator has taken all reasonable steps to obtain the information under subsection (3) (a) and (b) and has been unable to do so. A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section. Maximum penalty—100 penalty units. Subsection (6) places an evidential burden on the defendant to show a reasonable excuse. Section 141A , with any necessary changes, applies to a requirement under this section. In this section— relevant person , for an applicant for an electrical licence, means— a person who is conducting, or has conducted, a business or undertaking— that includes or included the performance of electrical work; and in which the applicant is or was engaged as a worker; or a registered training organisation that delivered training to the applicant on the performance of electrical work. s 122C ins 2011 No. 18 s 377 amd 2017 No. 27 s 10 (sec.122C-ssec.1) This section applies if the regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Act or that will help the regulator to monitor or enforce compliance with this Act. (sec.122C-ssec.2) Also, this section applies if the regulator— is deciding whether to issue an electrical licence; and reasonably believes a relevant person has information or a document the regulator reasonably requires to decide whether the applicant satisfies the eligibility requirements for the issue of the electrical licence. (sec.122C-ssec.3) The regulator may, by written notice served on the person, require the person to do one or more of the following— to give the regulator, in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the way stated in the notice, that information of which the person has knowledge; to produce to the regulator, in accordance with the notice, those documents; to appear before a person appointed by the regulator on a day, and at a time and place, stated in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents. (sec.122C-ssec.4) The notice must— state that the requirement is made under this section; and contain a statement to the effect that a failure to comply with a requirement is an offence; and if the notice requires the person to provide information or documents or answer questions— contain a statement about the effect of sections 141A and 192A ; and state that the person may attend with a legal practitioner. (sec.122C-ssec.5) The regulator must not make a requirement under subsection (3) (c) unless the regulator has taken all reasonable steps to obtain the information under subsection (3) (a) and (b) and has been unable to do so. (sec.122C-ssec.6) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section. Maximum penalty—100 penalty units. (sec.122C-ssec.7) Subsection (6) places an evidential burden on the defendant to show a reasonable excuse. (sec.122C-ssec.8) Section 141A , with any necessary changes, applies to a requirement under this section. (sec.122C-ssec.9) In this section— relevant person , for an applicant for an electrical licence, means— a person who is conducting, or has conducted, a business or undertaking— that includes or included the performance of electrical work; and in which the applicant is or was engaged as a worker; or a registered training organisation that delivered training to the applicant on the performance of electrical work. - (a) is deciding whether to issue an electrical licence; and - (b) reasonably believes a relevant person has information or a document the regulator reasonably requires to decide whether the applicant satisfies the eligibility requirements for the issue of the electrical licence. - (a) to give the regulator, in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the way stated in the notice, that information of which the person has knowledge; - (b) to produce to the regulator, in accordance with the notice, those documents; - (c) to appear before a person appointed by the regulator on a day, and at a time and place, stated in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents. - (a) state that the requirement is made under this section; and - (b) contain a statement to the effect that a failure to comply with a requirement is an offence; and - (c) if the notice requires the person to provide information or documents or answer questions— (i) contain a statement about the effect of sections 141A and 192A ; and (ii) state that the person may attend with a legal practitioner. - (i) contain a statement about the effect of sections 141A and 192A ; and - (ii) state that the person may attend with a legal practitioner. - (i) contain a statement about the effect of sections 141A and 192A ; and - (ii) state that the person may attend with a legal practitioner. - (a) a person who is conducting, or has conducted, a business or undertaking— (i) that includes or included the performance of electrical work; and (ii) in which the applicant is or was engaged as a worker; or - (i) that includes or included the performance of electrical work; and - (ii) in which the applicant is or was engaged as a worker; or - (b) a registered training organisation that delivered training to the applicant on the performance of electrical work. - (i) that includes or included the performance of electrical work; and - (ii) in which the applicant is or was engaged as a worker; or