72Secretary may require person to give information etc.

72 Secretary may require person to give information etc.

Scope (1) This section applies if the Secretary reasonably believes that a person is capable of giving information, or producing a document, that is relevant for the purposes of investigating: (a) an offence provision, or a civil penalty provision, of Division 4 of Part 4 (offences and civil penalties in relation to the Registry etc.); or (b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act. Notice to produce (2) The Secretary may, by written notice, require the person to give the information, or produce the document, to an inspector. (3) The notice must specify the following: (a) how the person is to give the information 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 is to give the information or produce the document; (c) the effect of subsection (4) and sections 137.1 and 137.2 of the Criminal Code. Civil penalty (4) A person is liable to a civil penalty if the person refuses or fails to comply with a notice under this section.

Civil penalty: 60 penalty units.

(5) Subsection (4) does not apply to the extent that the person is not capable of complying with the notice. (6) Subsection (4) does not apply to the extent that: (a) the notice relates to producing documents; and (b) the person proves that, after a reasonable search, the person is not aware of the documents; and (c) the person provides a written response to the notice, including a description of the scope and limitations of the search. (7) Without limiting paragraph (6)(b), a determination of whether a search is reasonable for the purposes of that paragraph may take into account any of the following: (a) the nature and complexity of the matter to which the notice relates; (b) the number of documents involved; (c) the ease and cost of retrieving a document relative to the resources of the person who was given the notice; (d) any other relevant matter.