ACTIn ForceAct
Fair Trading (Australian Consumer Law) Act 1992
52Investigator may require giving of information and
Start here
Get a plain-English read of 52
Turn the raw legal text into a practical explanation grounded in Fair Trading (Australian Consumer Law) Act 1992.
52 Investigator may require giving of information and
producing of documents
(1) An investigator making an investigation—
(a) on giving a person other than a corporation a warning, orally or
in writing, of the person’s obligation to comply with a
requirement under this section, may, by written notice, require
that person—
(i) to give to the investigator, by writing signed by that person,
information stated in the notice; or
(ii) to give to the investigator, orally, information stated in the
notice; or
(iii) to produce to the investigator a document stated in the
notice;
(b) may, on giving a corporation a written warning of its obligation
to comply with a requirement under this section, by written
notice, require the executive officer of the corporation—
(i) to give to the investigator, by writing signed by the officer,
information stated in the notice; and
(ii) to give to the investigator, orally, information stated in the
notice; and
(iii) to produce to the investigator a document stated in the
notice; and
(c) may require an entity mentioned in paragraph (a) or (b) to give
the information or produce the document—
(i) at a place stated in the notice; and
(ii) at or within a time stated in the notice.
(2) A person who, without reasonable excuse, fails to comply with a
requirement under this section commits an offence.
(3) A reference in this section to information or a document stated in a
notice under this section is a reference to information or a document,
as the case may be, reasonably required for this Act.
(4) An investigator who enters premises under section 39 is not
authorised to remain on the premises if the investigator does not
produce the investigator’s identity card for inspection if asked to do
so by the occupier or a person apparently in charge of the premises.
executive officer means a person (however described and whether or
not the person is a director of the corporation) who is concerned with,
or takes part in, the corporation’s management.