138Power to obtain information and documents

138 Power to obtain information and documents

When section applies (1) This section applies if ESRA has reason to believe that a person is capable of: (a) giving information which ESRA has reason to believe is relevant to a designated matter; or (b) producing documents which ESRA has reason to believe are relevant to a designated matter; or (c) giving evidence which ESRA has reason to believe is relevant to a designated matter.

Note: Designated matter is defined by subsection (4).

Requirement to give information or produce documents etc. (2) ESRA may, by written notice given to the person, require the person: (a) to give to ESRA, within the period and in the manner specified in the notice, any such information; or (b) to produce to ESRA, within the period and in the manner specified in the notice, any such documents; or (c) to make copies of any such documents and to produce to ESRA, within the period and in the manner specified in the notice, those copies; or (d) to appear before ESRA at a time and place specified in the notice to give any such evidence, either orally or in writing, and to produce any such documents.

Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this subsection.

Explanation (3) A notice under this section must set out the effects of sections 140, 141 and 142. Designated matters (4) For the purposes of this section, each of the following matters is a designated matter: (a) ascertaining whether there has been a contravention of a condition of the accreditation of an entity; (b) the performance of any of ESRA’s functions or the exercise of any of its powers under: (i) the accreditation scheme; or (ii) a condition of accreditation; or (iii) section 57 (which deals with disqualification for fraud, dishonesty etc.); (c) the performance of any of ESRA’s functions or the exercise of any of its powers under section 59 (which deals with claims for payments); (d) ascertaining whether there has been a contravention of the case management document rules in force under section 66; (e) the performance of any of ESRA’s functions or the exercise of any of its powers under Part 4.7 (which deals with investigations); (f) the performance of any of ESRA’s functions or the exercise of any of its powers under Part 4.12 (which deals with recovery of case management debts).