21Monitor may require claims to be substantiated

21 Monitor may require claims to be substantiated

21 Monitor may require claims to be substantiated

(1) If the Monitor is satisfied a person has, in trade or commerce, made a claim or representation as to the effect or the likely effect of the emergency services funding reform, the Monitor may, by written notice (a substantiation notice), require the person to substantiate the claim or representation.

(2) The substantiation notice may require the person to do the following within 21 days after the notice is given to the person—

(a) give the Monitor information or records that may be capable of substantiating or supporting the claim or representation,

(b) give the Monitor information or records of a kind specified in the notice.

(3) Information or records specified in a substantiation notice under subsection (2)(b) must be information or records the Monitor is satisfied are relevant to substantiating or supporting the claim or representation.

(4) The substantiation notice must—

(a) state the name of the person to whom the notice is to be given, and

(b) specify the claim or representation to which the notice relates, and

(c) explain the effect of sections 22 and 23.

(5) The substantiation notice may relate to more than 1 claim or representation made by the person to whom the notice is given.

(6) The Monitor must have regard to guidelines issued under section 20 in deciding whether to give a substantiation notice under this section.

(7) The Monitor may vary or revoke a substantiation notice under this section.

(8) This section does not apply to a person who makes a claim or representation if—

(a) the person is a person whose business is to publish, or arrange for the publication of, advertisements, and

(b) the person makes the claim or representation for another person in the ordinary course of the business, and

(c) the person does not have a commercial relationship with the other person, other than for the purpose of—