59Person may be required to give evidence or provide document

59 Person may be required to give evidence or provide document

(1)  For the purposes of an investigation, the Regulator, by written notice given to a person, may require the person to do any one or more of the following:

(a) attend before the Regulator and answer questions which, in the opinion of the Regulator, are relevant to the investigation;

(b) provide to the Regulator, in the manner specified in the notice, any document specified in the notice which is in the person's possession or control and which, in the opinion of the Regulator, is relevant to the investigation;

(c) provide to the Regulator, in the manner specified in the notice, a document prepared as specified in the notice that contains information which is specified in the notice and which, in the opinion of the Regulator, is relevant to the investigation;

(d) provide to the Regulator, in the manner specified in the notice, any other information specified in the notice which, in the opinion of the Regulator, is relevant to the investigation.

(2)  A person must not fail to comply with a requirement imposed on the person under subregulation (1) .

Penalty:  Fine not exceeding 100 penalty units.

(3)  Despite subregulation (2) , a natural person is not required to comply with a requirement imposed on the person under subregulation (1) if to do so would tend to incriminate him or her.

(4)  A person who attends before the Regulator in accordance with a requirement, referred to in subregulation (1)(a) , that is imposed on the person may, at the Regulator's discretion, be paid by the Regulator reasonable allowances and expenses as determined by the Regulator.

(5)  If a requirement referred to in subregulation (1)(a) is imposed on a person under subregulation (1) , the Regulator may determine whether the person may be represented by another person.

(6)  Despite subregulation (1) , the Regulator may not require a person –

(a) to answer a question, or provide a document or information, if to do so would require the person to divulge information contained in or relating to a Cabinet record; or