sec.270ZENotice to produce documents or information

sec.270ZE Notice to produce documents or information

This section applies if QCA is conducting an investigation to find out whether a distributor is complying with a distribution network code. QCA may, by notice to the distributor, require the distributor to give QCA all or any of the following things QCA believes, on reasonable grounds, are relevant to the investigation— information within the distributor’s knowledge or possession; documents in the distributor’s custody, possession or power. The notice must state— the information or documents required; and a period in which the documents or information are to be given of no less than 7 days; and a reasonable place at which the documents or information are to be given. The distributor must comply with the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units. A distributor is not required to comply with the notice if the distributor claims, on the ground of self-incrimination, a privilege the distributor would be entitled to claim against giving the information were the distributor a witness in a prosecution for an offence in the Supreme Court. If the distributor claims that complying with the notice may tend to incriminate it, QCA or the distributor may make an application to the Supreme Court to decide the validity of the claim. s 270ZE ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 (sec.270ZE-ssec.1) This section applies if QCA is conducting an investigation to find out whether a distributor is complying with a distribution network code. (sec.270ZE-ssec.2) QCA may, by notice to the distributor, require the distributor to give QCA all or any of the following things QCA believes, on reasonable grounds, are relevant to the investigation— information within the distributor’s knowledge or possession; documents in the distributor’s custody, possession or power. (sec.270ZE-ssec.3) The notice must state— the information or documents required; and a period in which the documents or information are to be given of no less than 7 days; and a reasonable place at which the documents or information are to be given. (sec.270ZE-ssec.4) The distributor must comply with the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units. (sec.270ZE-ssec.5) A distributor is not required to comply with the notice if the distributor claims, on the ground of self-incrimination, a privilege the distributor would be entitled to claim against giving the information were the distributor a witness in a prosecution for an offence in the Supreme Court. (sec.270ZE-ssec.6) If the distributor claims that complying with the notice may tend to incriminate it, QCA or the distributor may make an application to the Supreme Court to decide the validity of the claim.

• (a) information within the distributor’s knowledge or possession;
• (b) documents in the distributor’s custody, possession or power.