QLDIn ForceAct
Electricity Act 1994
sec.120ZENotice to produce documents or information
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### sec.120ZE Notice to produce documents or information
This section applies if QCA is conducting an investigation to find out whether an electricity entity or retailer is complying with a distribution network code.
QCA may, by written notice to the entity or retailer, require it to give QCA the following things QCA believes, on reasonable grounds, are relevant to the investigation—
information within the entity’s or retailer’s knowledge or possession;
documents in the entity’s or retailer’s custody, possession or power.
The notice must state—
the information or documents required; and
a period in which the documents or information are to be given of no less than 7 days; and
a reasonable place at which the documents or information are to be given.
The entity or retailer must comply with the notice, unless it has a reasonable excuse.
Maximum penalty—500 penalty units.
An electricity entity or retailer is not required to comply with the notice if it claims, on the ground of self-incrimination, a privilege the entity or retailer would be entitled to claim against giving the information were the entity or retailer a witness in a prosecution for an offence in the Supreme Court.
If the entity or retailer claims that complying with the notice may tend to incriminate it, QCA or the entity or retailer may make an application to the Supreme Court to decide the validity of the claim.
s 120ZE ins 2001 No. 82 s 12
amd 2004 No. 50 s 9
sub 2006 No. 60 s 30
amd 2014 No. 48 s 183 sch 1
(sec.120ZE-ssec.1) This section applies if QCA is conducting an investigation to find out whether an electricity entity or retailer is complying with a distribution network code.
(sec.120ZE-ssec.2) QCA may, by written notice to the entity or retailer, require it to give QCA the following things QCA believes, on reasonable grounds, are relevant to the investigation— information within the entity’s or retailer’s knowledge or possession; documents in the entity’s or retailer’s custody, possession or power.
(sec.120ZE-ssec.3) The notice must state— the information or documents required; and a period in which the documents or information are to be given of no less than 7 days; and a reasonable place at which the documents or information are to be given.
(sec.120ZE-ssec.4) The entity or retailer must comply with the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units.
(sec.120ZE-ssec.5) An electricity entity or retailer is not required to comply with the notice if it claims, on the ground of self-incrimination, a privilege the entity or retailer would be entitled to claim against giving the information were the entity or retailer a witness in a prosecution for an offence in the Supreme Court.
(sec.120ZE-ssec.6) If the entity or retailer claims that complying with the notice may tend to incriminate it, QCA or the entity or retailer may make an application to the Supreme Court to decide the validity of the claim.
- (a) information within the entity’s or retailer’s knowledge or possession;
- (b) documents in the entity’s or retailer’s custody, possession or power.
- (a) the information or documents required; and
- (b) a period in which the documents or information are to be given of no less than 7 days; and
- (c) a reasonable place at which the documents or information are to be given.