sec.42Power to require particular information

sec.42 Power to require particular information

If a land access dispute referral has been accepted by the land access ombudsman, the ombudsman may, by notice given to a party to the land access dispute the subject of the referral, require the party to give the ombudsman— a stated document or information at a stated reasonable time and place; or access to a stated document or information. A requirement under subsection (1) may relate only to documents or information related to the investigation of the land access dispute referral. A requirement under subsection (1) may be included in an investigation notice. A party of whom a requirement is made under subsection (1) must comply with the requirement unless the party has a reasonable excuse. Maximum penalty—100 penalty units. It is a reasonable excuse for a party not to comply with the requirement if— the document or information is not in the party’s possession or control; or the document or information is in another person’s possession and— the party has taken all reasonable steps to obtain the document or information from the other person; and the other person has not given it to the party; or the party is an individual and complying with the requirement might tend to incriminate the individual or expose the individual to a penalty. A party is not obliged to disclose a document or information under this section if the document or information— is protected by legal professional privilege; or is a communication of an admission made by a party before the land access referral was made, and in the course of negotiations to attempt to settle the land access dispute between the parties. (sec.42-ssec.1) If a land access dispute referral has been accepted by the land access ombudsman, the ombudsman may, by notice given to a party to the land access dispute the subject of the referral, require the party to give the ombudsman— a stated document or information at a stated reasonable time and place; or access to a stated document or information. (sec.42-ssec.2) A requirement under subsection (1) may relate only to documents or information related to the investigation of the land access dispute referral. (sec.42-ssec.3) A requirement under subsection (1) may be included in an investigation notice. (sec.42-ssec.4) A party of whom a requirement is made under subsection (1) must comply with the requirement unless the party has a reasonable excuse. Maximum penalty—100 penalty units. (sec.42-ssec.5) It is a reasonable excuse for a party not to comply with the requirement if— the document or information is not in the party’s possession or control; or the document or information is in another person’s possession and— the party has taken all reasonable steps to obtain the document or information from the other person; and the other person has not given it to the party; or the party is an individual and complying with the requirement might tend to incriminate the individual or expose the individual to a penalty. (sec.42-ssec.6) A party is not obliged to disclose a document or information under this section if the document or information— is protected by legal professional privilege; or is a communication of an admission made by a party before the land access referral was made, and in the course of negotiations to attempt to settle the land access dispute between the parties.