70WApplication of provisions relating to inspections

70W Application of provisions relating to inspections

Sections 152, 155, 172, 173, 176, 178 and 179 of the Australian Consumer Law and Fair Trading Act 2012 apply (with any necessary modifications) in relation to the exercise or attempted exercise of a power of an inspector under this Division as if any reference in those sections to Part 6.4 of that Act were a reference to this Division.

S. 70WA inserted by No. 2/2008 s. 60(Sch. item 4.1), substituted by No. 58/2016 s. 11.

70WA Powers of court if requirement to produce information not complied with

(1) Subject to subsection (2), if the Director is satisfied that a person has failed, without reasonable excuse, to comply with a requirement under section 47D, 70C, 70D, 70F or 70S, the Director may apply to a court for an order directing the person to comply with the requirement.

(2) The Director must not make an application under subsection (1) if the person to whom the failure relates has been charged with an offence against section 47D(4) or 70T.

(3) On an application under subsection (1), the court may—

(a) order the person to comply with the requirement within a period specified in the order; and

(b) make any other orders it considers appropriate.

(4) If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence under section 47D(4) or 70T in respect of that failure.

S. 70X inserted by No. 103/2004 s. 40.

70X Service of documents

(1) A written requirement by an inspector under this Division may be given personally or by registered post to a person—

(a) at the last known place of business, employment or residence of the person; or

(b) in the case of a body corporate, at the registered office of the body corporate.

(2) A person who provides a document or information in response to a requirement of an inspector under this Division may send that document or information to the Director by registered post.

S. 70Y inserted by No. 103/2004 s. 40.

70Y Confidentiality

(1) An inspector must not, except to the extent necessary to carry out the inspector's functions under this Division, give to any other person, whether directly or indirectly, any information acquired by the inspector in carrying out those functions.

(2) Subsection (1) does not apply to the giving of information—

(a) to a court or tribunal in the course of legal proceedings; or