99ABHPower to obtain information relating to a debt

#### 99ABH Power to obtain information relating to a debt (1A) This section applies in relation to an amount (a recoverable amount) that is recoverable from a person, or from the estate of a person, as a debt due to the Commonwealth if the amount is one of the following: (a) an amount for which notice has been served as mentioned in subsection 99ABC(4); (b) an amount for which notice has been given as mentioned in subsection 99ABG(3). (1) The Secretary may, by written notice given to the person or estate, require the person or estate to do either or both of the following: (a) give to the Secretary information in writing that is relevant to the financial situation of the person or estate; (b) produce to the Secretary a document that is in the custody or under the control of the person or estate and is relevant to the financial situation of the person or estate. (2) The person must notify the Secretary of an address for the purposes of giving the person documents relating to the debt, within 14 days after the day: (a) if paragraph (1A)(a) applies—notice is served as mentioned in subsection 99ABC(4); or (b) if paragraph (1A)(b) applies—the amount becomes due for payment. Civil penalty: (a) for an individual—20 penalty units; and (b) for a body corporate—100 penalty units. (3) If the address of the person changes after notifying the address under subsection (2) or this subsection, the person must notify the Secretary of the change within 14 days after the change. Civil penalty: (a) for an individual—20 penalty units; and (b) for a body corporate—100 penalty units. (4) If the Secretary reasonably believes that a person may have information or a document: (a) that would help the Secretary locate another person or estate (the debtor) from which a recoverable amount is recoverable; or (b) that is relevant to the debtor’s financial situation; the Secretary may, by written notice given to the person, require the person to give the information in writing, or produce the document, to the Secretary. (5) A notice under subsection (1) or (4) must specify the following: (a) how the person or estate is to give the information in writing or produce the document; (b) the period (which must be at least 14 days after the day the notice is given) within which the person or estate is to give the information in writing or produce the document; (c) that the notice is given under subsection (1) or (4) (as the case requires). (6) A person contravenes this subsection if: (a) the person is given a notice under subsection (1) or (4) requiring the person to give information in writing or produce a document; and (b) the person fails to comply with the requirement within the period specified in the notice. Civil penalty: 20 penalty units. (7) Subsection (2), (3) or (6) does not apply if the person has a reasonable excuse. > Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).