62Power to require persons to furnish information or produce documents

#### 62 Power to require persons to furnish information or produce documents (1) Where the Commission has reason to believe that a person is capable of furnishing information or producing documents relating to a matter that is relevant to the performance of the functions of the Commission, the Commission may, by notice in writing served on the person, require the person: (a) to furnish to the Commission, by writing signed by the person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any such information; or (b) to produce to the Commission, or to a person specified in the notice acting on its behalf, in accordance with the notice, any such document. (2) A person shall not refuse or fail to comply with a notice under this section. Penalty: (a) if the offender is a natural person—10 penalty units or imprisonment for 6 months, or both; or (b) if the offender is a body corporate—50 penalty units. (3) Subsection (2) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) Subsection (2) does not apply to the extent that the person is not capable of complying with the notice. > Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code). (5) Without limiting the generality of the expression reasonable excuse in subsection (3), it is a reasonable excuse for the purposes of that subsection for a person to refuse or fail to furnish information or to refuse or fail to produce a document that the information or the production of the document might tend to incriminate the person. (6) Where information is furnished, or a document is produced, pursuant to this section, the information or the production is not admissible in any court (whether exercising federal jurisdiction or not) or in any proceedings before a person authorized by law of the Commonwealth or of a State or Territory, or by consent of parties to hear evidence except in a prosecution for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section. (7) A member of the staff of the Commission authorized by the Commission to act under this subsection may inspect a document produced pursuant to a notice under this section and may make copies of, or take extracts from, the document. (8) A member of the staff of the Commission authorized by the Commission to act under this subsection may, for the purposes of this Act, take, and retain for so long as is necessary for those purposes, possession of a document produced pursuant to a notice under this section but the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the authorized member of the staff of the Commission to be a true copy and the certified copy shall be received in all courts as evidence as if it were the original. (9) Where such a certified copy of a document is supplied, the authorized member of the staff of the Commission having possession of the document shall, at such times and places as the authorized member of the staff of the Commission thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorized by that person, to inspect and make copies of, or take extracts from, the document. (10) A notice served on a person under subsection (1) shall be accompanied by a statement to the effect that the Commission will, subject to section 63, before disseminating or publishing any information furnished, or contained in a document produced, pursuant to the notice, invite the person to give a notice to the Commission objecting to the dissemination or publication of the whole or any part of the information. (11) Any failure to comply with the requirements of subsection (10) in relation to a notice does not affect the validity of the notice.