Energy (Infrastructure Facilitation) Act 2024
sec.79Minister or Treasurer may obtain information for performing function
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sec.79 Minister or Treasurer may obtain information for performing function
This section applies if the Minister or Treasurer has reason to believe that a person has information the Minister or Treasurer requires to perform a function of the Minister or Treasurer under this part, including a function performed by the responsible Ministers. The Minister or Treasurer may, by written notice given to the person, require the person to give the information to the Minister or Treasurer. A notice under subsection (2) must state— the information the Minister or Treasurer requires; and the way the information must be given; and the date by which the information must be given to the Minister or Treasurer. A person who is given a notice under subsection (2) must comply with the notice unless the person has a reasonable excuse. Maximum penalty—100 penalty units. It is a reasonable excuse for an individual not to comply with a notice given under subsection (2) if complying with the notice might tend to incriminate the individual or expose the individual to a penalty. A person may disclose information to the Minister or Treasurer under this section despite anything in the national electricity laws. A person who complies with a notice under subsection (2) incurs no liability for breach of contract, breach of confidence or any other civil wrong for the compliance. The Minister or Treasurer— may use information obtained under this section for performing a function of the Minister or Treasurer under this part, including a function performed by the responsible Ministers; and may disclose information obtained under this section to another person for the purpose of the other person performing a function of the other person under this part. Subsection (8) does not limit section 173 . (sec.79-ssec.1) This section applies if the Minister or Treasurer has reason to believe that a person has information the Minister or Treasurer requires to perform a function of the Minister or Treasurer under this part, including a function performed by the responsible Ministers. (sec.79-ssec.2) The Minister or Treasurer may, by written notice given to the person, require the person to give the information to the Minister or Treasurer. (sec.79-ssec.3) A notice under subsection (2) must state— the information the Minister or Treasurer requires; and the way the information must be given; and the date by which the information must be given to the Minister or Treasurer. (sec.79-ssec.4) A person who is given a notice under subsection (2) must comply with the notice unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.79-ssec.5) It is a reasonable excuse for an individual not to comply with a notice given under subsection (2) if complying with the notice might tend to incriminate the individual or expose the individual to a penalty. (sec.79-ssec.6) A person may disclose information to the Minister or Treasurer under this section despite anything in the national electricity laws. (sec.79-ssec.7) A person who complies with a notice under subsection (2) incurs no liability for breach of contract, breach of confidence or any other civil wrong for the compliance. (sec.79-ssec.8) The Minister or Treasurer— may use information obtained under this section for performing a function of the Minister or Treasurer under this part, including a function performed by the responsible Ministers; and may disclose information obtained under this section to another person for the purpose of the other person performing a function of the other person under this part. (sec.79-ssec.9) Subsection (8) does not limit section 173 .