Div 4Investigation powers

Division 4—Investigation powers 58—Investigation of debtor's financial position (1) The Chief Recovery Officer may, at any time, give written notice to a debtor requiring the debtor to provide the Chief Recovery Officer with the debtor's personal details. (2) If the Chief Recovery Officer has reasonable cause to believe that a person has knowledge of personal details of a debtor, the Chief Recovery Officer may give written notice to the person requiring the person to provide the Chief Recovery Officer with such personal details of the debtor as are known to the person. (3) The Chief Recovery Officer may, for the purposes of determining a debtor's means of satisfying the debt owed by the debtor, by notice in writing, require the debtor, or another person who may be able to assist with the investigation, to appear for examination before the Chief Recovery Officer or to produce documents relevant to the investigation to the Chief Recovery Officer. (4) A person who, without reasonable excuse (proof of which lies on the person), refuses or fails to comply with a requirement under this section is guilty of an offence. 59—Power to require information (1) If a public sector agency or a credit reporting body (within the meaning of the Privacy Act 1988 of the Commonwealth) is in possession of the contact details of a debtor, the agency or body must, on request from the Chief Recovery Officer, provide those details to the Chief Recovery Officer. (2) A public sector agency must, in accordance with the written request of the Chief Recovery Officer, produce to the Officer— (a) documents or other material in the possession of the agency relevant to an investigation of a debtor's means of satisfying a debt; and (b) information that would assist the Officer to identify or recognise a debtor. (3) This section does not apply to a public sector agency excluded from the application of this section by the regulations.