39Power to require information, records or other

39 Power to require information, records or other documents or attendance for examination (1) The commissioner may, for an authorised investigation, by written notice given to a person, require the person— (a) to provide to the commissioner (either orally or in writing) information that is described in the notice; or (b) to attend and give evidence before an authorised officer; or (c) to produce to the commissioner a record or other document described in the notice that is in the person’s custody or control. Note For how documents may be given, see Legislation Act, pt 19.5. (2) The commissioner— (a) may state whether information or evidence to be provided or given under this section must be given orally or in writing; and (b) may require any information or evidence given in writing to be in the form of, or verified by, a statutory declaration; and Note 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws. Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Administration Part 3 Investigations Division 3.2 Section 40 R37 16/11/25 First Home Owner Grant Act 2000 Effective: 16/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) may require any information or evidence given orally to be given on oath or affirmation. (3) A person commits an offence if the person— (a) fails to comply with the requirements of a notice under this section within the period stated in the notice or any further period allowed by the commissioner; or (b) fails to comply with any other requirement of the commissioner about the giving of evidence or how information or evidence is to be provided or given under this section. Maximum penalty: 50 penalty units. (4) Subsection (3) does not apply if the person has a reasonable excuse for failing to comply with the requirement. (5) An offence against this section is a strict liability offence.