sec.29Power to require particular documents or information from relevant entity

sec.29 Power to require particular documents or information from relevant entity

If an investigation into a dispute referral has started, the energy and water ombudsman may, by written notice, require the relevant entity to give the ombudsman— stated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its custody, possession or power that is, are, or may be relevant to the investigation; or access to the relevant material. The notice must state a reasonable period to comply with the requirement. The relevant entity must comply with the notice, unless— the relevant material is not in its custody, its possession and its power; or the relevant material is in someone else’s custody and— it has made reasonable endeavours to obtain the relevant material from the other person; and the other person has not given it to the entity; or complying with the notice would place the relevant entity in contravention of a law; or the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the energy and water ombudsman despite the relevant entity’s reasonable efforts to obtain the consent. Maximum penalty—100 penalty units. To remove any doubt, it is declared that it is not a defence to a proceeding under subsection (3) if— the giving of the relevant material might tend to incriminate the relevant entity; or the relevant material is confidential to the entity or that the giving of the relevant material might be to the detriment of the entity’s commercial or other interests. However, subsection (4) does not affect or otherwise limit sections 31 and 79 . s 29 amd 2010 No. 53 ss 22 , 3 sch 1 (sec.29-ssec.1) If an investigation into a dispute referral has started, the energy and water ombudsman may, by written notice, require the relevant entity to give the ombudsman— stated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its custody, possession or power that is, are, or may be relevant to the investigation; or access to the relevant material. (sec.29-ssec.2) The notice must state a reasonable period to comply with the requirement. (sec.29-ssec.3) The relevant entity must comply with the notice, unless— the relevant material is not in its custody, its possession and its power; or the relevant material is in someone else’s custody and— it has made reasonable endeavours to obtain the relevant material from the other person; and the other person has not given it to the entity; or complying with the notice would place the relevant entity in contravention of a law; or the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the energy and water ombudsman despite the relevant entity’s reasonable efforts to obtain the consent. Maximum penalty—100 penalty units. (sec.29-ssec.4) To remove any doubt, it is declared that it is not a defence to a proceeding under subsection (3) if— the giving of the relevant material might tend to incriminate the relevant entity; or the relevant material is confidential to the entity or that the giving of the relevant material might be to the detriment of the entity’s commercial or other interests. (sec.29-ssec.5) However, subsection (4) does not affect or otherwise limit sections 31 and 79 .